Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under the BNSS, 2023.
Summary
The petitioner, Sachin Kumar, sought anticipatory bail after a FIR was lodged on 13‑12‑2025 alleging his involvement in assault, robbery and other offences under several sections of the Bihar Negotiable Substances Act, 2023. The FIR alleged that the accused entered the informant’s house, assaulted him, and stole Rs.15,600 and a gold chain, but the petitioner claimed innocence and highlighted a 20‑day delay between the incident (24‑11‑2025) and the FIR. He also pointed out that the parties were willing for a Panchayati settlement, which had not been arranged, and argued there was no specific allegation against him in the FIR. The State opposed bail but conceded the FIR lacked a direct accusation against the petitioner. The Court, considering the delay, the absence of a specific charge, and the provision for anticipatory bail under Sections 2(1)(d) and 482(2) of the BNSS, 2023, granted anticipatory bail subject to a Rs.30,000 bail bond and conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 given the delay in filing the FIR and lack of specific allegation against him
- Whether the absence of a Panchayati settlement impacts the grant of bail
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 110, 115(2), 118(1), 126(2), 2(1)(d), 303(2), 329(4), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- delay in FIR
- Panchayati settlement
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36156 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Sachin Kumar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan No. II, Adv.
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard Learned Counsel for the petitioner and
Learned APP for the State.
3. The petitioner is apprehending arrest in connection
with Bhagwanpur P.S. Case No.373 of 2025 lodged on
13.12.2025, for the offences punishable under Sections 126(2),
115(2), 118(1), 329(4), 352, 303(2), 110 and 3(5) of the B.N.S.,
2023.
4. As per the prosecution, FIR has been lodged against
seven named accused persons including the present petitioner
with allegation that the accused persons entered into the house
of the informant and they abused as well as assaulted the
informant due to which injury has been caused. The further
Patna High Court CR. MISC. No.36156 of 2026(2) dt.02-06-2026
2/3
allegation of snatching of Rs.15,600/- and gold chain is also
there.
5. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that from the FIR, it becomes crystal clear that the
event has been caused on 24.11.2025 at about 11:00 A.M and
FIR has been lodged on 13.12.2025 i.e. delay of about 20 days.
6. Counsel further submits that in the FIR itself, it is
written that parties are ready for Panchayati. He further submits
that since the Panchayati has not been arranged due to which the
present case has been filed.
7. Counsel submits that the criminal antecedent of the
petitioner is not clean as there is one criminal case pending
against him. He further submits that there is no act and overt act
against the petitioner.
8. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that in the FIR, there is
no specific allegation against the petitioner.
9. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
Patna High Court CR. MISC. No.36156 of 2026(2) dt.02-06-2026
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furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of A.C.J.M-VI, Vaishali at Hajipur, in connection
with Bhagwanpur P.S. Case No.373 of 2025, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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