Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Sanjay Kumar, sought anticipatory bail fearing arrest in a case registered under IPC sections 341, 323, 354, 307, 448, 34 and Arms Act section 27. He asserted a clean antecedent and claimed the informant falsely implicated him, alleging that the alleged firing was a fabrication and the injuries to the victims were simple. The State opposed bail, arguing lack of documentary evidence to support the claim of simple injuries. The court examined the case diary, which corroborated the injuries as simple, and considered the petitioner's clean record. Applying Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the alleged offences.
- Whether the petitioner’s claim of false implication and simple nature of injuries warrants bail.
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 438(2), 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 354, 448
Subjects
- anticipatory bail
- false implication
- IPC offences
- Arms Act
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87960 of 2025
Arising Out of PS. Case No.-306 Year-2021 Thana- ARA NAWADA District- Bhojpur
======================================================
Sanjay Kumar S/o Late Ashok Kumar R/o Village- Shitael Tola, P.S. -Ara
Town, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 341, 323,
354, 307, 448 and 34 of the Indian Penal Code as well as
Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that petitioner fired but missed and thereafter assaulted
his brother Deepak by rod causing injury on his head. Further,
unknown accused assaulted the another brother, namely, Suraj
of the informant and the occurrence took place on account of
dispute amongst the children.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.87960 of 2025(2) dt.28-01-2026
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informant. It is further submitted that allegation of firing has
been alleged only to give seriousness to the case. It is next
submitted that injury suffered by Deepak and Suraj has been
opined to be simple in nature and the blow is not alleged to have
been repeated by the petitioner. It is reiterated and submitted
that petitioner is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that no
documentary evidence has been produced to substantiate that
the injury suffered by the injured has been opined to be simple
in nature on which learned counsel appearing on behalf of the
petitioner submits that he has copy of the case diary. Learned
A.P.P. perused the case diary and fairly submitted that the injury
of Deepak and Suraj has been opined to be simple in nature.
6. After hearing the learned counsel for the parties, let
the petitioner above-named, in the event of his arrest or
surrender before the learned trial court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/Successor Court in
connection with Ara Nawada P.S. Case No. 306 of 2021, subject
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to the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
(Satyavrat Verma, J)
Kundan/-
U T
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