Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to strict conditions.
Summary
Sachin Kumar, a 21‑year‑old student, was implicated in a case (Hasanpur P.S. Case No. 42 of 2025) involving alleged assault, extortion and other offences under sections 126(2), 115(2), 109(1), 305, 308(3) and 3(5) of the BNS. The prosecution alleged that the accused assaulted a jeweller with an iron rod and inflicted grievous injuries, while the petitioner was said to have participated in a butt‑blow assault. The petitioner pleaded that he has no criminal antecedents and that the specific violent acts were committed by others, namely Chhotu Kumar and Bharat Kumar. The State opposed the bail, contending that the petitioner was also implicated in the butt‑blow assault. Considering the petitioner’s clean record, youth, and the fact that the principal allegations target other individuals, the Court granted anticipatory bail with a bond of Rs 10,000 and several conditions, including regular court appearances and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and his personal circumstances
- Whether the petitioner’s alleged involvement in the butt‑blow assault precludes the grant of bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 109(1), 115(2), 126(2), 305, 308(3), 3(5)
Subjects
- anticipatory bail
- assault
- extortion
- criminal antecedent
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90670 of 2025
Arising Out of PS. Case No.-42 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
Sachin Kumar S/o Firangi Mukhiya R/o Vill- Goha, P.S.- Hasanpur, Distt-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar Kunwar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Hasanpur P.S. Case No. 42 of 2025 for the
offence under sections 126(2), 115(2), 109(1), 305, 308(3) and
3(5) of the BNS lodged on 17.03.2025 by the informant, Ram
Jinish Yadav.
3. As per the prosecution story, the informant alleged
that he is a running a jewellery shop and when he was sitting
there, the accused persons came, Chhotu Kumar demanded
extortion for Holi expenses. Upon refusal, allegation is that
Chhotu Kumar gave iron rod blow causing injury, Bharat Kumar
also assaulted on the head which hit his right hand and got
fracture. Later, allegation against this petitioner and Pankaj Kumar
is of giving butt blow on the hands. Allegation of taking away
Patna High Court CR. MISC. No.90670 of 2025(2) dt.15-01-2026
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amount is also attributed to Chhotu Kumar. This led to the FIR.
4. Learned counsel for the petitioner submits that he do
not have any criminal antecedent, is a young boy of 21 years,
student, only due to enmity, got implicated. The specific
allegation is against Chhotu Kumar and Bharat Kumar who
assaulted which resulted into grievous injuries.
5. Learned APP opposes the prayer submitting that
allegation of assault by butt is also against this petitioner.
6. Taking into account the submissions of the parties as
also that the petitioner do not have criminal antecedent, is a young
boy, student, specific allegation, as recorded above, is against
Chhotu Kumar and Bharat Kumar, in that background, this Court
is inclined to extend him the privilege of anticipatory bail with
conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender 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 like amount each to the satisfaction
of learned Additional Chief Judicial Magistrate-ii, Rosera,
Samastipur in connection with Hasanpur P.S. Case No. 42 of 2025
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
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document (Aadhar Card/Voter I.D. Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) 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;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his attendance
and after the end of the period, the certificate shall be submitted
before the Trial Court failing which steps shall be taken for the
cancellation of the bail bonds;
(iv) 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;
(v) 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)
Adnan/-
U T
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