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Patna High Court

Sajjan Sah @ Sajan SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants anticipatory bail to the petitioner, subject to conditions.

Summary

The petitioner, Sajjan Sah, was named in an FIR (Sahiyara PS Case No. 203 of 2025) for offences under the Bhartiya Nyaya Sanhita, 2023, including assault and other violent acts. The informant alleged grievous injuries to himself, while the petitioner was accused of causing a simple injury to Vivek Kumar. The petitioner argued that his alleged injury was simple and he has no prior criminal record. The court examined the injury reports and found the petitioner’s alleged act to be of simple nature. Considering the lack of antecedent and the nature of the injury, the court granted anticipatory bail under Section 438(2) of the Cr.P.C., subject to several conditions. The order directs the petitioner to furnish bail bond and comply with stipulated conditions if arrested or surrendered.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. given the nature of the alleged injury and his criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • assault
  • simple injury
  • grievous injury
  • Bhartiya Nyaya Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8154 of 2026
                     Arising Out of PS. Case No.-203 Year-2025 Thana- SAHIYARA District- Sitamarhi
                 ======================================================
                 Sajjan Sah @ Sajan Sah S/O Late Bindeshwar Sah @ Late Bindeshwari Sah
                 Resident of Village -Maudah, P.S. Sahiyara, District - Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Birendra Kumar, Advocate
                 For the Opposite Party/s :      Mr.Rabindra Kumar, APP
                 For the Informant        :      Ms. Priya Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   01-04-2026                    Heard Mr.Birendra Kumar, learned counsel for the

                   petitioner as also Ms. Priya Kumari, learned counsel for the

                   informant.

                                2. The petitioner is apprehending arrest in connection

                   with Sahiyara P.S. Case No. 203 of 2025 for the offence under

                   Section 126(2), 115(2), 117(2), 109(1), 352, 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023 lodged on 12.11.2025 by the informant,

                   Ajay Sah.

                                3. As per the prosecution story, the informant alleged

                   that due to earlier dispute, the accused persons armed variously

                   came and after abuse, allegation of assault is there against them.

                   While Madan Lal Sah assaulted on the hand causing fracture,

                   Sant Lal Kumar gave blow on the head which actually hit the
Patna High Court CR. MISC. No.8154 of 2026(3) dt.01-04-2026
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          nose and again it was injured. When son, Vivek Kumar came to

          rescue, this petitioner gave blow. They were shifted to Sadar

          Hospital, Sitmarhi and then to Indu Hospital, Sitamarhi which

          followed the FIR.

                       4. Learned counsel for the petitioner submits that so

          far as the this petitioner is concerned, allegation is of injuring

          Vivek Kumar and the injury has been found to be simple in

          nature.

                       5. In this case, the coordinate bench called for the case

          diary and paragraph-83 records the injury report of Vivek

          Kumar which has been shown to be simple in nature.

                       6. Learned counsel representing the informant on the

          other hand submits that so far as the assault on Ajay Sah

          (informant) by Sant Lal Kumar and Madan Sah are concerned, it

          has been recorded as grievous in nature as per paragraph-28 of

          the case diary.

                       7. Considering the submissions of the parties as also

          the fact that the injury inflicted by this petitioner has been found

          to be simple in nature and he do not have criminal antecedent, in

          that background,          this Court is inclined to extend him the

          privilege of anticipatory bail.

                       8. Let the petitioner be released on bail, in the event
Patna High Court CR. MISC. No.8154 of 2026(3) dt.01-04-2026
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          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Sahiyara P.S. Case No.

          203 of 2025 to the satisfaction of learned Judicial Magistrate-1st

          Class Sitamarhi subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the police

          station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every fortnight for next six months to mark his

          attendance and at the end of the period a certificate be submitted

          before the Trial Court failing which the State shall be at liberty
             Patna High Court CR. MISC. No.8154 of 2026(3) dt.01-04-2026
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                       to take steps for cancellation of bail bonds;

                                    (v) the petitioner shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (vi) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of his bail bonds.




                                                      (Rajiv Roy, J)
Ravi/-

U        T


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