Patna High Court
Rakesh Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(2), 126(2), 132, 281, 352
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
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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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