Patna High Court
Saryug Sao @ Saryu SaoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court grants anticipatory bail to the petitioner subject to the conditions specified under Section 438(2) of the CrPC.
Summary
The petitioner, Saryug Sao, was implicated in FIR No. 439/2025 for allegedly assaulting the informant with a lathi, causing a simple head injury, and was charged under IPC sections 126(2), 115(2), 109(1), 351(2), 352 and 3(5). Fearing arrest, he applied for anticipatory bail, contending that the injury was minor, he has no prior criminal record, and he is willing to compensate the informant. The prosecution maintained that the petitioner participated in the assault. The Court examined the seriousness of the alleged offence, the simplicity of the injury and the petitioner’s clean antecedent. Relying on Section 438(2) of the CrPC, the Court held that anticipatory bail could be granted provided strict conditions are observed. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties and compliance with several conditions relating to appearance before police and courts, non‑interference with witnesses and abstention from further offences.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code in view of the alleged assault and the nature of injury.
- Whether the simplicity of the injury and the petitioner’s lack of criminal antecedent justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 109, 115, 126, 3, 351, 352
Subjects
- anticipatory bail
- Section 438 CrPC
- assault
- IPC sections 126 115 109 351 352 3
- simple injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31279 of 2026
Arising Out of PS. Case No.-439 Year-2025 Thana- DHANARUA District- Patna
======================================================
Saryug Sao @ Saryu Sao S/o Dinesh Sao Resident of Village- Kistipur, P.S.-
Dhanarua, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheonandan Pandit, Advocate
For the Opposite Party/s : Mr.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Dhanarua P.S. case no. 439/2025 For offence u/s
126(2),115(2),109(1),351(2),352,3(5) of B.N.S. lodged on
11.07.2025 by the informant, Rajesh Kumar Singh.
3. As per the prosecution story, the informant alleged
that in an inebriated state, one Mukesh Sao was abusing
everyone, the informant was going to that place and only
advised Mukesh Sao to go home. As he was returning, Mukesh
Sao alongwith the other accused persons started beating him,
allegation against this petitioner is of giving ‘lathi’ blow causing
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injury on the head. This led to the FIR.
4. Learned counsel for the petitioner submits that
omnibus allegation of assault is there. Further, the injury has
been found to be simple in nature. He do not have criminal
antecedent. Last submission is that irrespective of the outcome
of the present case and/or accepting the allegation, the petitioner
intends to contribute Rs.5000/- through Demand Draft issued
by the local State Bank of India branch/Any Nationalized Bank
to be submitted before the concerned Court to be handed over to
the informant/injured after checking the credential.
5. Learned APP opposes the prayer submitting that
allegation of assault is against him.
6. Considering the aforesaid submissions of the
parties as also the fact that injury has been found to be simple
in nature, he do not have criminal antecedent, in that
background, this Court is inclined to extend him the privilege
of anticipatory bail.
7. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Dhanarua P.S. case no.
Patna High Court CR. MISC. No.31279 of 2026(2) dt.07-05-2026
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439/2025 to the satisfaction of learned S.D.J.M., Masaurhi
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner 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;
(iv) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner 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
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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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