Patna High Court
Badku Sah @ Ganesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Badku Sah was arrested on 21 June 2025 in connection with a case of alleged assault on an informant, wherein the FIR alleges he used an axe and a farsha to cut off five fingers of the victim's right hand. The petitioner contended that the FIR contains a generic allegation against all accused and that the specific allegation against him is fabricated, asserting his innocence. The State opposed bail, emphasizing the grievous nature of the injury and noting that the petitioner has another pending case, though he is on bail in that matter. The court examined the facts and, applying bail principles, decided to release the petitioner on bail with a bond of Rs.10,000 and two sureties. Bail was conditioned on the petitioner’s cooperation with the trial, presence at court dates, non‑tampering with evidence or witnesses, and verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged grievous assault and multiple charges under the B.N.S., 2023.
- Whether the existence of another pending case and the seriousness of the alleged injury preclude bail.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 118(2), 126(2), 3(5), 61(2)
Subjects
- bail
- assault
- grievous injury
- Criminal Procedure Code
- B.N.S. 2023
- surety
- false implication
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77492 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- Anandpur District- Banka
======================================================
Badku Sah @ Ganesh Sah S/O Kameshwar Sah R/O Vill.- Dharhara, P.S.-
Anandpur, Dist.- Banka
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Malendu, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Kumar Malendu, learned counsel for the
petitioner and Mr.Vinod Shanker Modi, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
21.06.2025, in connection with Anandpur P.S. Case No. 62 of
2025, F.I.R. dated 20.06.2025 registered for the offences
punishable under Sections 126(2), 115(2), 118(2), 109(1), 61(2),
3(5) of the B.N.S.,2023.
3. Allegation against the petitioner is that he has
assaulted to the informant due to which he sustained injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.77492 of 2025(3) dt.21-01-2026
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committed any offence as alleged in the F.I.R. Although the
petitioner is named in the F.I.R. but from perusal of the F.I.R. it
appears that F.I.R. is in two parts, in first part, there is general
and omnibus allegation against all the accused persons including
the petitioner and in second part, there is specific allegation
against the petitioner that he has assaulted to the informant with
axe and farsha and cut off five fingers of right hand of the
informant. He further submits that the police after investigation
submitted chargesheet against the petitioner and the petitioner is
in custody since 21.06.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that there is direct and specific allegation
against the petitioner and the injury inflicted upon the injured
person is grievous in nature and apart from aforesaid the
petitioner carries one more case other than the present one but
fairly submits on the basis of paragraph-2 of the supplementary
affidavit that the petitioner is on bail in the pending matter.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.77492 of 2025(3) dt.21-01-2026
3/3
learned Chief Judicial Magistrate, Banka in connection with
Anandpur P.S. Case No. 62 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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