Created by Fuzzy Cloud

Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner with specified conditions.

Summary

The petitioner, Sachin Kumar, sought anticipatory bail in connection with a case where the prosecution alleged that he, along with co‑accused, molested a woman and assaulted her relatives. The FIR listed offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that the injuries claimed by the informant were not corroborated and that he is a student preparing for competitive exams. The State opposed the bail, but the court noted the lack of substantive evidence and the petitioner’s willingness to comply with conditions. Consequently, the court granted anticipatory bail subject to strict conditions including surety, appearance before the trial court, and non‑interference with witnesses. The bail order was framed under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences
  • Whether the lack of corroborative evidence on the alleged injuries justifies granting bail
  • Whether the petitioner can be bound by conditions to prevent tampering with evidence and ensure court appearances

Legislation cited

Subjects

  • anticipatory bail
  • sexual assault
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • evidence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3530 of 2026
                       Arising Out of PS. Case No.-124 Year-2025 Thana- IMAMGANJ District- Gaya
                 ======================================================
                 Sachin Kumar S/o Dharmendra Kumar @ Dharmendra Prasad R/o Village-
                 Malhari, PO- Malhari, PS- Imamganj, Distt.- Gaya, Bihar, 824206

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Nishant Kumar
                                                  Ms.Kritika Upadhya
                 For the Opposite Party/s :       Mr.Rabindra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   28-01-2026                       Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Imamganj P.S. Case No. 124 of 2025, F.I.R

                   dated 23.04.2025 registered for the offences punishable under

                   Sections191(2), 190, 126(2), 115(2), 118(1), 109, 76, 352,

                   351(2) of Bharatiya Nyaya Sanhita, 2023.

                                3.      According to prosecution case, informant Nitu

                   Kumari in her fardbeyan stated that on 22.04.2025 about 10:30

                   P.M. accused petitioner Shashi Kumar with co-accused Sachin

                   Kumar and Prince Kumar tried to outrage her modesty when

                   she went to yagay in Vichhi village, all the three accused

                   persons together molested her. Then, she told her husband and
Patna High Court CR. MISC. No.3530 of 2026(2) dt.28-01-2026
                                            2/4




          family members when they were returning from yagya, in the

          way those accused intercepted them and attacked informant’s

          husband and father-in-law with iron rod causing head injury to

          both of them and also assaulted her brother-in-law. It is further

          alleged that those accused persons have also misbehaved with

          her by tearing her cloths.

                      4. Learned counsel for the petitioner submits that the

          nature of injury which is said to have been received or sustained

          by the informant does not corroborate allegations made in the

          First Information Report, the petitioner is said to be student and

          preparing for competitive examination and counsel for the

          petitioner undertakes that he will take all precautions not to get

          himself indulge in such activities in future and the prosecution

          may be put at liberty that in case such allegations are levelled

          against him in future, the same shall be examined and on finding

          substance they would be at liberty to seek cancellation of the

          privilege of anticipatory bail granted to this petitioner.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances,

          accordingly, this Court is inclined to grant the privilege of

          anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.3530 of 2026(2) dt.28-01-2026
                                            3/4




                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Judicial Magistrate, Sherghati, Gaya

          in connection with Imamganj P.S. Case No. 124 of 2025, subject

          to the conditions as laid down under Section 438(2) of the Code

          of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative of the petitioner(s) who shall provide official

          document 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/her/their 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;

                       (iv) the petitioner(s) shall desist from committing any
           Patna High Court CR. MISC. No.3530 of 2026(2) dt.28-01-2026
                                                       4/4




                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.