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Patna High Court

Rakesh Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the application for regular bail, subject to bond, sureties, compensation to the victim, and regular trial attendance.

Summary

The petitioner, Rakesh Kumar Sah, was arrested on 29 April 2026 in connection with Benipatti P.S. Case No. 60 of 2026 for offences under Sections 126(2), 115(2), 118(2), 132, 281, 109(1) and 352 of the Bharatiya Nyaya Sanhita, 2023, alleged to involve assault on the victim. The petitioner pleaded innocence, asserted a clean antecedent, and offered to compensate the victim Rs. 25,000. The State opposed the bail application. The Court examined the facts, the petitioner’s willingness to make restitution, and the absence of prior convictions, and decided to grant regular bail. Bail was conditioned on a Rs. 10,000 bond with two sureties, the production of a Rs. 25,000 demand draft in favour of the victim, and the petitioner’s regular appearance in trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023
  • Whether the petitioner’s clean antecedent and willingness to compensate the victim justify the grant of bail

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • compensation
  • sureties
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43219 of 2026
                     Arising Out of PS. Case No.-60 Year-2026 Thana- BENIPATTI District- Madhubani
                 ======================================================
                 Rakesh Kumar Sah Son of Dinesh Kumar Sah Resident of Village/ Mohalla-
                 Vidyapati Chowk, P.S.- Benipatti, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pintu Kumar Patel, Advocate
                                                  Mr. Shivnandan Bharti
                 For the Opposite Party/s :       Mr. Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-07-2026                   Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Benipatti P.S. Case No. 60 of 2026 registered for the offence

                   under Section(s) 126(2), 115(2), 118(2), 132, 281, 109(1) and

                   352 of the Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the petitioner is

                   accused of assaulting the victim.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 29.04.2026 and claims clean

                   antecedent. It is also submitted that the petitioner, without

                   accepting his guilt, is ready to make good the loss to the victim
Patna High Court CR. MISC. No.43219 of 2026(2) dt.02-07-2026
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          to the tune of Rs. 25,000/- (Rupees Twenty Five Thousand

          only).

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          this application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

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

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

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Benipatti P.S. Case

          No. 60 of 2026 subject to conditions that:-

                                            (i). At the time of furnishing the
                                  bail bond, the petitioner shall produce a
                                  demand draft of Rs. 25,000/- (Rupees Twenty
                                  Five Thousand only) in the name of the
                                  victim, and after verifying its genuineness,
                                  the same shall be handed over to the victim
                                  by the learned Court below.
                                             (ii) The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.


                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of
            Patna High Court CR. MISC. No.43219 of 2026(2) dt.02-07-2026
                                                        3/3




                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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