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Patna High Court

Sanjeet KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the bail application, directing release of the petitioners on bail with specified conditions.

Summary

The petitioners, Sanjeet Kumar and Raushan Kumar, filed a bail application fearing arrest in connection with Vidyapati Nagar Police Station Case No. 76 of 2025, which alleged offences under several sections of the Bihar Penal Code. The prosecution alleged that the petitioners assaulted the victim, while the petitioners claimed innocence and that the alleged injuries were minor. The learned counsel for the petitioners argued that the charges were false and that bail was appropriate. The High Court, after hearing both sides, allowed the application and ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the Bihar Penal Code. The order directs the lower court to release the petitioners if they are arrested or surrender within four weeks.

Issues considered

  • Whether the petitioners are entitled to bail in the pending criminal case under the listed sections of the Bihar Penal Code.
  • Whether the conditions under Section 438(2) CrPC and Section 482 of the Bihar Penal Code justify granting bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Criminal Procedure Code
  • Bihar Penal Code
  • high court order
  • section 438
  • section 482
  • criminal trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88600 of 2025
                 Arising Out of PS. Case No.-76 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur
                 ======================================================
           1.     Sanjeet Kumar Son of Prayag Singh Resident of Chamtha Dada Tol, Ward
                  No 13, Ps- Vidyapati Nagar District -Samstipur
           2.    Raushan Kumar @ Karka Son of Prayag Singh Resident of Chamtha Dada
                 Tol, Ward No 13, Ps- Vidyapati Nagar District -Samstipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Lakshmindra Kumar Yadav
                 For the Opposite Party/s :      Mr.Ashok Kumar Singh
                 ======================================================
                 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 Vidyapati Nagar P.S. Case No. 76 of 2025

                   registered for the offence under Section 191(2), 190, 126(2),

                   115(2), 352, 109(1), 74, 324(4) of the BNS.

                                   3. As per the prosecution case, the petitioners are

                   said to have assaulted the victim.

                                   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. He further submits that the

                   injuries sustained by the prosecution side are simple in nature.
          Patna High Court CR. MISC. No.88600 of 2025(2) dt.15-01-2026
                                                      2/2




                                    5. Considering the aforesaid facts, 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 Court of

                    ACJM-2nd, Dalsinghsarai, Samastipur/concerned Court below

                    in connection with Vidyapatinagar P.S. Case No. 76 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/-

U


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