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Patna High Court

Badku Sah @ Ganesh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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