Sajan Kumar @ ChittuversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4053 of 2026
                          Arising Out of PS. Case No.-423 Year-2024 Thana- FATUA District- Patna
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           1.     Sajan Kumar @ Chittu S/o Braj Bhushan Prasad Sinha @ Braj Bhushan
                  Singh R/o Village - Buddhuchak, P.S - Fatwah, District - Patna
           2.     Sanjeev Kumar @ Nittu S/o Braj Bhushan Prasad Sinha @ Braj Bhushan
                  Singh R/o Village - Buddhuchak, P.S - Fatwah, District - Patna
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                     ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Amit Prakash, Advocate
                 For the Opposite Party/s :        Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-02-2026                       Heard Mr. Amit Prakash, learned counsel for the

                   petitioners and Mr. Ramchandra Sahni, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Fatwah P.S. Case No. 423 of 2024, F.I.R. dated

                   09.07.2024 for the offences punishable under Sections 109 and

                   3(5) of the BNS, 2023 and Sections 25(1-b)a, 26, 27 and 35 of

                   the Arms Act.

                                3.    According to prosecution case, all the accused

                   persons including these petitioners armed with weapon came

                   near the informant due to some previous enmity. Co-accused

                   Bittu Kumar fired upon the informant but the same did not hit

                   him.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.4053 of 2026(2) dt.06-02-2026
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          petitioners have clean antecedent and they have falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R is false and fabricated and the

          petitioners have not committed any offence as alleged in the

          F.I.R. There is case and counter case between the parties and the

          police have submitted charge sheet in favour of the petitioners

          and the prosecution has find charges only against the co-accused

          Bittu Kumar who happens to be elder brother of the petitioners

          but the learned Court below had taken cognizance vide order

          dated 25.06.2025 against these petitioners.

                      5.    Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          that the petitioners have clean antecedent, there is case and

          counter case between the parties and police have submitted

          charge sheet but the learned Court below in a very mechanical

          manner taken cognizance against these petitioners, let the

          petitioners, above named, in the event of their 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
            Patna High Court CR. MISC. No.4053 of 2026(2) dt.06-02-2026
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                      A.C.J.M.-II, Patna City in connection with Fatwah P.S. Case

                      No. 423 of 2024, subject to the conditions as laid down under

                      Section 438(2) of the Code of Criminal Procedure and with

                      other following conditions:-

                                   i. Petitioners shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                             (Rajesh Kumar Verma, J)
Vanisha/-
U      T