Patna High Court
Sachin Kumar @ Sachin SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sachin Kumar, sought anticipatory bail in connection with a criminal case (PS Case No.190 of 2025) alleging offences under several sections of the B.N.S.S. 2023. The prosecution alleged that the petitioner and co‑accused assaulted the informant’s family members, including inflicting a head injury on Arti Kumari with the butt of a pistol. The petitioner contended that he was falsely implicated, highlighted the absence of the medical report annexed to the FIR, pointed out a three‑day delay in lodging the FIR, and argued that the alleged injury was merely swelling, not a five‑stitch wound. The State opposed bail, emphasizing the specific allegation against the petitioner for assaulting Arti Kumari. Considering the petitioner’s clean antecedent, the inconsistencies in the injury report, and the material on record, the court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite specific allegations of assault under the B.N.S.S. 2023.
- Whether the delay in filing the FIR and the alleged inconsistency in the medical report affect the credibility of the prosecution’s case.
Legislation cited
- B.N.S.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 191(1), 191(3), 192(2), 351(2), 352, 74
Subjects
- anticipatory bail
- FIR delay
- inconsistent medical report
- clean antecedent
- Section 482
- Bihar criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9526 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- MOHANPUR District- Samastipur
======================================================
Sachin Kumar @ Sachin Sahni Son of Shravan Sahni Resident of Village -
Rasalpur, P.S. - Mohanpur, District - Samastipur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Adv.
For the State : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Mohanpur P.S. Case No. 190 of 2025 registered
for the offences punishable under Sections 191(1), 192(2),
191(3), 115(2), 118(1), 126(2), 74, 109(1), 351(2), 352 of BNS,
2023.
3. As per prosecution case, petitioner and others
armed with lathi, danda, rod and pistol arrived at the house of
the informant and started abusing. Thereafter, all the accused
persons assaulted the informant's daughter and husband. It is
further alleged that petitioner and co-accused Amit Kumar
assaulted informant's sister-in-law/ Arti Kumari by means of
butt of pistol as a result of which informant's sister-in-law
Patna High Court CR. MISC. No.9526 of 2026(2) dt.26-02-2026
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sustained five stitch wound on the head.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case. He
further submits that though informant claimed that photocopy of
medical report of five stitch wound of victim Arti Kumari is
annexed with the FIR but the same is not available on record.
He further submits that there is specific allegation against the
petitioner and co-accused Amit Kumar, who assaulted the
informant's sister-in-law/ Arti Kumari by means of butt of pistol
causing five stitch wound on her head but the injury as
sustained by the victim Arti Kumari is only swelling on head
which totally falsifies the allegation made in the prosecution
story. He further submits that there is delay of three days in
lodging the FIR as the alleged occurrence took place on
25.08.2025 and FIR was lodged on 28.08.2025 and no plausible
explanation has been given regarding the said delay which
questions the authenticity of the FIR. Prudently and
pragmatically, it is beyond imagination that two persons having
pistol in their hands are using butt of pistol for killing a person.
In the light of aforesaid facts and circumstances of the case, no
inference can be drawn that petitioner was having any intention
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to kill the victim. It is further submitted at para-9 that though the
doctor has advised the victim for C.T. Scan of head but victim
has never got her C.T. Scan done which also falsifies the
allegation made in the FIR. He further submits that victim
Shweta Kumari also sustained simple injury as mentioned in the
impugned order. Apart from that, petitioner bears no criminal
antecedent.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that petitioner
is FIR named accused and there is specific allegation against the
petitioner and co-accused Amit Kumar who assaulted upon the
head of victim Arti Kumari causing injury on head and hence,
petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioner, injury
report of victim Arti Kumari is not in consonance with the
allegation made in the FIR, argument advanced on behalf of
both sides and also taking into consideration the material
available on record, 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 bond of Rs. 10,000/- (rupees ten thousand)
Patna High Court CR. MISC. No.9526 of 2026(2) dt.26-02-2026
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with two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate, Shahpur Patori,
District-Samastipur in connection with Mohanpur P.S. Case No.
190 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
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