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Patna High Court

Sanjay Kumar @ Sanjay RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Petitioner Sanjay Kumar was arrested on 26 September 2025 in connection with a case arising from a Tazia procession in which the son of an informant was allegedly dragged, injured and later died. He is charged under several sections of the Bharatiya Nyay Sanhita, 2023, including sections 190, 191(2), 191(3), 126(2), 118(1), 118(2), 109 and later 103(1). The petitioner contended that he has a clean antecedent, was not originally named in the FIR and was falsely implicated based on a later restatement by the informant, and pointed out that similarly situated co‑accused had already been granted bail. The prosecution opposed the bail application. The Court, after considering the clean record, lack of specific allegations against the petitioner in the FIR and the precedent of bail to co‑accused, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyay Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • assault
  • death
  • Tazia procession
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74804 of 2025
                    Arising Out of PS. Case No.-184 Year-2025 Thana- MEHSI District- East Champaran
                 ======================================================
                 Sanjay Kumar @ Sanjay Rai S/o Baldeo Rai R/o Village- Amwa Bara, P.S.-
                 Mehsi, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

3   21-01-2026                    Heard learned counsel for the petitioner as well as

                   learned Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   26.09.2025 in connection with Mehsi P.S. Case No. 184 of

                   2025, F.I.R. for the offences punishable under Sections 190,

                   191(2), 191(3), 126(2), 118(1), 118(2), 109 of the Bharatiya

                   Nyay Sanhita, 2023 and later on Section 103(1) of Bharatiya

                   Nyay Sanhita, 2023 was added.

                                3. According to prosecution case, petitioner and other

                   co-accused persons dragged away the son of the informant when

                   a fighting erupted during Tazia procession. The informant

                   further alleged that his wife was given information on mobile

                   phone that his son was lying at a particular spot and thereafter,
Patna High Court CR. MISC. No.74804 of 2025(3) dt.21-01-2026
                                            2/3




          he informed the police and police reached there and found his

          son in injured condition, Later on, the son of the informant

          succumbed to his injuries.

                       4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he falsely been implicated in

          the present case. Initially the petitioner was not named in the

          FIR and their name transpired on the basis of restatement of the

          informant, after thought, only to falsely implicated the petitioner

          in the present case and from bare perusal of the FIR it appears

          that there is no specific allegation of assault or overt act against

          him and similarly situated co-accused persons already granted

          bail by the Co-ordinate Benches of this Court in Cr. Misc. No.

          83452 of 2025, Cr. Misc. No. 83104 of 2025, Cr. Misc. No.

          83138 of 2025 and Cr. Misc. No. 83076 of 2025. The police

          after investigation submitted charge-sheet and the petitioner is

          in custody since 25.07.2025.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and they are not named in the

          FIR and similarly situated co-accused persons already granted

          bail by the Co-ordinate Benches of this Court in Cr. Misc. No.
           Patna High Court CR. MISC. No.74804 of 2025(3) dt.21-01-2026
                                                       3/3




                     83452 of 2025, Cr. Misc. No. 83104 of 2025, Cr. Misc. No.

                     83138 of 2025 and Cr. Misc. No. 83076 of 2025, let the

                     petitioner, above named, 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 Judicial

                     Magistrate-F.C, East Champaran, Motihari in connection with

                     Mehsi P.S. Case No. 184 of 2025.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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