Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 351(2), 352, 76
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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.
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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
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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
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