Patna High Court
Sandeep Kumar @ Sandeep Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Sandeep Kumar, was accused of stabbing an informant, leading to charges under IPC sections 341, 504, 323 and 308. He applied for anticipatory bail, asserting innocence, that the injury was simple, and that he has a clean antecedent. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined the nature of the accusation, the extent of injury and the petitioner’s clean record, and decided to grant anticipatory bail. The order directed that, upon arrest or surrender within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the nature of the alleged offences and the injury justify denial of bail
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 308, 323, 341, 504
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- bail conditions
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8517 of 2026
Arising Out of PS. Case No.-170 Year-2023 Thana- SAKRI District- Madhubani
======================================================
Sandeep Kumar @ Sandeep Kumar Ram Son of Lalit Ram @ Lalit Kumar
Resident of Village- Kaluahi, Mohan Badhiyam, P.S.- Sakri, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Ms. Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 341, 504, 323, 308 of the
Indian Penal Code.
3. As per F.I.R., this petitioner stabbed the informant
with knife as a result of which she sustained injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by the petitioner is simple in nature. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injury and
Patna High Court CR. MISC. No.8517 of 2026(2) dt.23-02-2026
2/2
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Madhubani in connection with Sakri P. S. Case No. 170 of 2023,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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