Patna High Court
Sandip Das @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to all petitioners, subject to bond, sureties, and conditions under CrPC 438(2) and BNS 482(2).
Summary
The petitioners, named in FIR No.92 of 2025, were charged under multiple sections of the Bhartiya Nyaya Sanhita for allegedly assaulting an informant, causing grievous injuries. They contended that the allegations were false, stemming from prior enmity, and that the injuries were simple in nature. The petitioners highlighted that similarly situated co-accused had been granted anticipatory bail by the same court, invoking the principle of judicial parity. The State opposed the bail application. The court, noting the general and omnibus nature of the allegations and the precedent of bail to co-accused, ordered that the petitioners be released on bail upon surrender within four weeks, subject to a bond and sureties, and conditions under CrPC Section 438(2) and BNS Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the BNS.
- Whether the allegations of physical assault are false and general in nature.
- Whether parity with co-accused who were granted bail mandates the same relief.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false allegations
- physical assault
- judicial parity
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41013 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- BARGAINIA District- Sitamarhi
======================================================
1. Sandip Das @ Sandeep Kumar, S/o Ashok Das
2. Ram Babu Rai @ Ram Babu Yadav @ Ram Babu S/o Chullahi Ray
3. Shyam Babu Rai @ Shyam Babu Yadav, S/o Chullahi Ray
4. Gulten Rai @ Banra @ Ram Pravesh Kumar S/o Prabhu Ray
All are resident of village-Masha Alam, Ward-03, P.S.- Bairgania, Distt.-
Sitamarhi.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Bairgania
P.S. Case No.92 of 2025 registered under Sections 191(2),
190, 126(2), 115(2), 303(2), 352, 351(2), 109 and 191(3)
of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).
3. As per FIR, the petitioners along with 17 named
co-accused persons attacked upon informant and others,
causing grievous injuries. The informant, during the
occurrence, received multiple injuries on different parts of
Patna High Court CR. MISC. No.41013 of 2026(2) dt.29-06-2026
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the body.
4. It is submitted by learned counsel appearing for
the petitioners that due to previous enmity, the present false
allegation qua physical assault was raised against petitioners,
which is very much general and omnibus in nature. It is
pointed out that the nature of injuries, upon medical
examination, found simple in nature. While concluding
argument, it is submitted that similarly situated co-accused
persons were granted anticipatory bail by one of the learned
co-ordinate Bench of this Court through Cr. Misc. No.20348
of 2026 dated 08.04.2026, therefore, as a matter of judicial
parity, these petitioners also deserve bail. Explaining criminal
antecedent, it is pointed out that petitioner no.1 found
involved in one more criminal case, where he is on bail,
whereas petitioner no.2 involved in seven criminal cases,
where he on bail, whereas petitioner no.3 involved in four
criminal cases, where he is on bail and petitioner no.4 found
involved in further two cases, where he is on bail but all
these cases are of petty in nature as related with Excise,
which is prohibited in State.
Patna High Court CR. MISC. No.41013 of 2026(2) dt.29-06-2026
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5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as allegation qua causing physical assault
is appearing very much general and omnibus in nature,
wehre similarly situated co-accused persons were granted
bail by one the learned co-ordinate Bench of this Court,
accordingly, all above-named petitioners, in the event of
their arrest or surrender in the court below within a period of
four weeks, are directed to be released on bail, on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
the learned A.C.J.M.-I, Sitamarhi in connection with
Bairgania P.S. Case No.92 of 2025, subject to the conditions
as laid down under Section 438(2) of the CrPC/under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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