Patna High Court
Sikendra Bhuiyan @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Anticipatory bail is granted to the petitioner subject to surrender within six weeks and compliance with bail bond conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Sikendra Bhuiyan, was implicated in a case (PS Case No. 28 of 2026) alleging that he assaulted a compounder with an iron rod, causing injury. He claimed innocence, stating the injury was simple, there were no independent witnesses, and he had no prior criminal record. The State opposed his request for anticipatory bail. The court, after considering the submissions, ordered that the petitioner be released on anticipatory bail provided he surrenders within six weeks, furnishes a bail bond of Rs. 10,000 with two sureties, and complies with conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023. The order aims to balance the petitioner’s right to liberty with the need to ensure his presence for trial. The bail is conditional and subject to the satisfaction of the concerned Sub-Divisional Judicial Magistrate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations constitute a serious offence warranting denial of bail.
- Whether the petitioner is likely to flee or tamper with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(1), 126(2), 324(4), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32557 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- DUMARIYA District- Gaya
======================================================
Sikendra Bhuiyan @ Sandeep Kumar, S/o Yogendra Bhuiyan @ Yogendra
Bharti Joginder Singh, R/o Vill. - Malukia, P.S. - Bhadwar, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Dumaria P.S. Case No. 28 of 2026 dated 05.03.2026, instituted
for the offence punishable under Sections 126(2), 115(2),
117(1), 352, 351(2), 324(4), 109, 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The allegation against the petitioner is that he
assaulted the compounder on his head with iron rod due to
which he sustained injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that as per the injury report, the
injury sustained by the compounder is simple in nature caused
Patna High Court CR. MISC. No.32557 of 2026(2) dt.13-05-2026
2/2
by hard and blunt substance (Annexure-P/2). It is next submitted
that there is no independent witness to the alleged occurrence.
Lastly, it has been submitted that petitioner has no criminal
antecedents.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Dumaria P.S. Case No.
28 of 2026, he shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
S.D.J.M., Sherghati, District- Gaya subject to condition as laid
down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J)
Sankalp/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.