Patna High Court
Sagar Kumar TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner subject to a bail bond of Rs. 10,000, two sureties, and the condition that bail will be withdrawn if a Section 82 proceeding is initiated.
Summary
The petitioner, Sagar Kumar Tanti, was arrested in connection with a case registered under Sections 126(2), 115(2), 74, 75 and 303(2) of the BNS for allegedly molesting an informant, attempting to undress her with intent to rape, and stealing her silver chain. The petitioner contended that the allegations were false and stemmed from a dispute over a mango tree near the informant's house. He argued that the investigation was complete, the charge‑sheet had been filed, and no proceeding under Section 82 of the Cr.P.C. had been initiated. The State opposed the bail application. The Court, noting that the investigation was concluded and that the conditions of Section 82 were not yet triggered, ordered the petitioner to be released on bail of Rs. 10,000 with two sureties, subject to verification that no Section 82 proceeding is started, and compliance with Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged.
- Whether the absence of a proceeding under Section 82 of the Criminal Procedure Code affects the bail decision.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 303(2), 74, 75
- Criminal Procedure Code (Cr.P.C.) — s. 82
Subjects
- bail
- false implication
- molestation
- attempted rape
- criminal procedure
- Section 82
- Section 482
- Indian Penal Code
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27091 of 2026
Arising Out of PS. Case No.-155 Year-2024 Thana- BATH District- Bhagalpur
======================================================
Sagar Kumar Tanti S/O Late Vinod Tanti Resident of Village- Satanpur, P.O.-
Kumaitha, Police Station- Bath, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 28-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioner named in FIR and
apprehending his arrest in connection with Bath P.S. Case
No. 155 of 2024 registered for the offences punishable
under Sections 126(2), 115(2), 74, 75 and 303(2) of the
BNS.
3. The allegation against the petitioner is to molest
the informant while she was cooking in her home and also to
untie the string of her salwar with intention to commit rape
upon her and when the ailing mother of the informant
started shouting, the petitioner fled away after taking silver
chain from the neck of the informant.
Patna High Court CR. MISC. No.27091 of 2026(2) dt.28-04-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner falsely implicated with
present crime in question due to ownership disputes/counter
claim qua one Mango tree grown near to the house of
informant and petitioner. It is further submitted that
allegation is to use criminal force to disrobe the informant,
which is also not convincing that the petitioner alleged to run
away from the place of occurrence without having any
intervening circumstances. While concluding argument, it is
submitted that investigation of this case is already
completed, for which charge-sheet has been submitted, as
such, there is no chance of tampering with the evidence. It is
also submitted that proceeding under Section 82 of Cr.P.C.
has not been initiated against petitioner till now.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as investigation of this case is already
concluded, accordingly, above named petitioner, in the event
of his arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be
Patna High Court CR. MISC. No.27091 of 2026(2) dt.28-04-2026
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released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate 1 st
Class-cum-A.M.-IV, Bhagalpur/concerned Court, where the
case is pending in connection with Bath P.S. Case No. 155
of 2024, subject to the conditions as laid down under
Section 482(2) of the BNSS, with further condition:-
Subject to verifying the submission of the
learned counsel that the process under Section
82 of Cr.P.C. was not initiated against petitioner
till now and if it found that same has been
initiated, the bail bond of the petitioner shall not
be accepted.
(Chandra Shekhar Jha, J)
veena/-
U T
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