Created by Fuzzy Cloud

Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
          Patna High Court CR. MISC. No.90670 of 2025(2) dt.15-01-2026
                                                      3/3




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.