Patna High Court
Sanjay Kumar @ Sanjay RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 109, 118(1), 118(2), 126(2), 190, 191(2), 191(3)
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
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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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