Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that, in the absence of a specific allegation of an overt act against the petitioner and considering his clean antecedents, anticipatory bail must be granted.
Summary
The petitioner, Sandeep Kumar, filed an anticipatory bail application in connection with PS case No. 119 of 2025, wherein he was alleged to have participated in an assault on an informant. The prosecution alleged that the assault was carried out by several accused, including the petitioner, using weapons, causing injuries to the informant and his family. The petitioner contended that he was falsely implicated, that the specific allegation of causing injury was directed at co‑accused Vikash Kumar, and that he has a clean criminal record. The Additional Public Prosecutor opposed the bail. The court observed that no specific overt act was attributed to the petitioner, noted his clean antecedents, and therefore granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita. The bail was ordered on the condition of a bond, sureties, and compliance with stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations against him.
- Whether the prosecution has established a specific overt act by the petitioner justifying denial of bail.
- Whether the conditions under Section 482(2) of the Bhartiya Nyaya Sanhita are applicable.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- Section 482
- Bhartiya Nyaya Sanhita
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30866 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Sandeep Kumar S/O Jayram Sah @ Jairam Sah Resident of Vilalge - Kasawa,
Kadamwa, P.S. - Ghorasahan, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar, Adv.
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Ghorasahan P.S. Case No. 119 of 2025 dated 20.04.2025
registered for the offence punishable under Section/s 126(2),
115(2), 118(1), 351(2), 352, 3(5) of the Bhartiya Nyaya Sanhita,
2023.
3. The prosecution case, in brief, is that on 31.03.2025 at
about 7:00 PM, the accused persons, including the petitioner,
allegedly entered the house of the informant and assaulted him
and his family members by means of farsa, hammer, bricks,
stones, and lathi-danda, causing injuries. The injured persons
were taken to P.H.C., Ghorasahan and thereafter referred to
Patna High Court CR. MISC. No.30866 of 2026(2) dt.06-05-2026
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Sadar Hospital, Motihari for treatment.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that the injury alleged to
have been caused to the informant has not been attributed to the
present petitioner and that the allegations against him are
general and omnibus in nature. The specific allegation of assault
has been made against co-accused Vikash Kumar. It is lastly
submitted that the petitioner is a person of clean antecedents and
is ready to cooperate with the investigation.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the petitioner and
considering the fact that no allegation of overt act has been
levelled against the petitioner, rather the specific allegation of
causing injury to the informant is against co-accused Vikash
Kumar, and further considering that the petitioner has no
criminal antecedent, let the petitioner, above named, be released
on anticipatory bail in the event of his arrest or surrender before
the court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.30866 of 2026(2) dt.06-05-2026
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learned Additional Chief Judicial Magistrate, Sikrahana at
Dhaka, East Champaan at Motihari in connection with
Ghorasahan P.S. Case No. 119 of 2025, subject to the condition
as laid down under Section 482(2) of the B.N.S.S. as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(Ajit Kumar, J)
rishi/-
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