Patna High Court
Sachin Kumar @ Chhotelal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Sachin Kumar, sought anticipatory bail fearing arrest in connection with PS Lakhaura Case No. 345/2025, which alleged offences under several sections of the BNS. He contended that he was falsely implicated due to a prior neighbourly enmity, had no criminal record, and that the FIR was vague without specific overt acts. He also submitted that the dispute had been amicably settled and a compromise petition had been filed in the lower court. The State opposed the bail application. Considering the petitioner’s claims, the settlement, and the lack of specific allegations, the High Court granted anticipatory bail subject to a bond of Rs. 20,000 with two sureties, under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences and the petitioner’s claim of false implication
- Whether the settlement and compromise petition affect the grant of bail
- Whether the FIR’s lack of specific overt acts justifies bail under Section 482(2) of the BNSS
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- false implication
- settlement
- criminal procedure
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28762 of 2026
Arising Out of PS. Case No.-345 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
Sachin Kumar @ Chhotelal Kumar S/o Ramnath Prasad Kushwaha Resident
of Village - Jinarwa Phulwar, P.S. - Lakhaura Dist. E. Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 01-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Lakhaura P.S. Case No. 345/ 2025 registered for the
offence(s) punishable under Section(s) 115(2), 126(2), 109(1),
333, 196, 351(2), 191, 352 and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated due to
previous enmity. It is further submitted that the petitioner has no
criminal antecedent and the allegation against the petitioner is
general and omnibus in nature and no specific overt act has been
attributed to him in the FIR. Learned counsel further submits
that both the parties are neighbours and have amicably settled
the dispute and a compromise petition has already been filed
before the court below, a copy of which has been annexed as
Patna High Court CR. MISC. No.28762 of 2026(2) dt.01-05-2026
2/2
Annexure-P-3 to this petition.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, this court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of his arrest/surrender before the
learned court below within a period of six weeks from today, be
released on anticipatory bail in connection with Lakhaura P.S.
Case No. 345/ 2025 on furnishing bail bonds of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the Court concerned, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
BKS/-
U T
Checking your session…