Patna High Court
Rajesh Kumar DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail must be granted to the petitioners under Section 438(2) of the CrPC and Section 482 of the Bihar Negotiable Sale Act, subject to the stipulated conditions.
Summary
The petitioners, eight men related to the groom’s side, feared arrest in connection with a criminal case (Sajour P.S. Case No. 71 of 2025) alleging assault on the bride’s side under multiple sections of the Bihar Negotiable Sale Act, 2023. The prosecution alleged that the petitioners participated in the assault, while the petitioners contended that they were falsely implicated. They filed an application for bail, asserting innocence and the risk of unwarranted detention. The Court examined whether the nature of the offences and the circumstances justified the grant of bail under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the Bihar Negotiable Sale Act. Considering the petitioners’ apprehension of arrest and the lack of evidence indicating a flight risk, the Court allowed the bail application. The order directed that, if arrested or surrendered within four weeks, the petitioners be released on a bail bond of Rs 10,000 with two sureties, subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioners pending trial for the offences alleged under the Bihar Negotiable Sale Act, 2023.
- Whether the conditions of Section 438(2) CrPC and Section 482 of the Bihar Negotiable Sale Act are satisfied in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- bail
- anticipatory bail
- Criminal Procedure
- Section 438
- Section 482
- murder? no assault
- matrimonial dispute
- assault
- Bihar Negotiable Sale Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88535 of 2025
Arising Out of PS. Case No.-71 Year-2025 Thana- SAJOUR District- Bhagalpur
======================================================
1. Rajesh Kumar Das Son of Late Ram Das Resident of Village - Dariyapur,
P.S. - Sajour, Dist. - Bhagalpur.
2. Sanjay Kumar Das Son of Late Ram Das Resident of Village - Dariyapur,
P.S. - Sajour, Dist. - Bhagalpur.
3. Kundan Kumar Das @ Kundan Kumar Son of Mahesh Das Resident of
Village - Belsira, P.S. - Kajraili, Dist. - Bhagalpur.
4. Chandan Kumar Das @ Chandan kumar Son of Mahesh Das Resident of
Village - Belsira, P.S. - Kajraili, Dist. - Bhagalpur.
5. Ashish Kumar Das @ Ashish Kumar Son of Mahesh Das Resident of Village
- Belsira, P.S. - Kajraili, Dist. - Bhagalpur.
6. Suman Kumar Das @ Suman Kumar Son of Pappu Harizan Resident of
Village - Baijnathpur, P.S. - Sajour, Dist. - Bhagalpur.
7. Sourabh Kumar Das @ Sourabh Kumar Son of Pappu Harizan Resident of
Village - Baijnathpur, P.S. - Sajour, Dist. - Bhagalpur.
8. Amit Kumar Das @ Amit kumar Dsa Son of Sadanand Prabhu Resident of
Village - Belsira, P.S. - Kajraili, Dist. - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Sharma
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Sajour P.S. Case No. 71 of 2025 registered for
the offence under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(1), 109(1), 125(a), 125(b), 352 of the BNS, 2023.
Patna High Court CR. MISC. No.88535 of 2025(2) dt.15-01-2026
2/2
3. As per the prosecution case, the petitioners, who
are of groom side are alleged to have assaulted the bride side.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case.
5. Considering the nature of allegation, this
application is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM,
Bhagalpur/concerned Court below in connection with Sajour
P.S. Case No. 71 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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