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Patna High Court

Ankit Kumar Sah @ Ankit SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted because the injury was simple in nature, and the petitioner satisfied the conditions under the relevant statutes.

Summary

Ankit Kumar Sah applied for bail after being charged in Andar Police Station Case No. 178 of 2025 under Sections 126(2), 115(2), 118(1), 109(10), 352 and 3(5) of the Bharatiya Nyaya Sanhita for allegedly assaulting a victim and causing a simple injury. The petitioner feared arrest and sought relief from the Patna High Court. The court examined the nature of the injury, noting it was simple, and considered the statutory provisions governing bail. Accordingly, the court allowed the bail application, directing release upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether bail should be granted to the petitioner despite the charges under multiple sections of the Bharatiya Nyaya Sanhita
  • Whether the simple nature of the injury justifies release on bail

Legislation cited

Subjects

  • bail
  • assault
  • simple injury
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure Code
  • Section 482
  • Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73239 of 2025
                        Arising Out of PS. Case No.-178 Year-2025 Thana- AANDAR District- Siwan
                 ======================================================
                 Ankit Kumar Sah @ Ankit Sah S/o Bigan Sah @ Bhanta Sah R/o Village-
                 Chakari, P.S.- Andar, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ramadhar Shekhar, Advocate
                 For the Opposite Party/s :       Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   21-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Andar P.S. Case No. 178 of 2025 instituted under Sections

                   126(2), 115(2), 118(1), 109(10, 352 and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                3. The petitioner is accused of assaulting the victim

                   causing injury. The nature of the injury has been found to be

                   simple.

                                4. Considering the fact that the injury is simple in

                   nature, this application is allowed.

                                5. Accordingly, in the event of arrest or surrender

                   before the Court below within six weeks from today, the

                   petitioner, above named, be released on bail upon furnishing
           Patna High Court CR. MISC. No.73239 of 2025(3) dt.21-01-2026
                                                       2/2




                     bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Class, Siwan/ concerned Court in connection

                     with Andar P.S. Case No. 178 of 2025, subject to the conditions

                     laid down in Section 482 of the BNSS/ 438(2) of the Code of

                     Criminal Procedure, 1973.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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