Saryug Sao @ Saryu Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31279 of 2026 Arising Out of PS. Case No.-439 Year-2025 Thana- DHANARUA District- Patna ====================================================== Saryug Sao @ Saryu Sao S/o Dinesh Sao Resident of Village- Kistipur, P.S.- Dhanarua, District - Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheonandan Pandit, Advocate For the Opposite Party/s :
Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection with Dhanarua P.S. case no. 439/2025 For offence u/s 126(2),115(2),109(1),351(2),352,3(5) of B.N.S. lodged on 11.07.2025 by the informant, Rajesh Kumar Singh.
3. As per the prosecution story, the informant alleged that in an inebriated state, one Mukesh Sao was abusing everyone, the informant was going to that place and only advised Mukesh Sao to go home. As he was returning, Mukesh Sao alongwith the other accused persons started beating him, allegation against this petitioner is of giving 'lathi' blow causing
2/4 injury on the head. This led to the FIR.
4. Learned counsel for the petitioner submits that omnibus allegation of assault is there. Further, the injury has been found to be simple in nature. He do not have criminal antecedent. Last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.5000/- through Demand Draft issued by the local State Bank of India branch/Any Nationalized Bank to be submitted before the concerned Court to be handed over to the informant/injured after checking the credential.
5. Learned APP opposes the prayer submitting that allegation of assault is against him.
6. Considering the aforesaid submissions of the parties as also the fact that injury has been found to be simple in nature, he do not have criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court 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 the like amount each in connection with Dhanarua P.S. case no.
3/4 439/2025 to the satisfaction of learned S.D.J.M., Masaurhi subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;
(iii) 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;
(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) 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
4/4 cancellation of the bail bonds;
(vi) 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) Ravi/- U T