Sachin Kumar @ Sajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58474 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- CHERKI District- Gaya ====================================================== Sachin Kumar @ Sajan Kumar, Son of Bablu Paswan, Resident of Village - Srirampur, P.S.- Cherki, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Cherki P.S. Case No. 86 of 2025 registered for the offences under Sections 126(2), 115(2), 109(1), 351(2), 352, 3(5) of the Bharatiya Nayay Sanhita, 2023.
3. As per the prosecution case, the informant has alleged that when he was going towards his village, the petitioner along with other co-accused persons started abusing him and with an intentions to kill, assaulted him on his head, causing grievous injury.
4. Learned counsel for the petitioner submits
2/4 that the petitioner has falsely been implicated in this case and no such incident, as alleged, had occurred. It has been further submitted that there is general and omnibus allegations and it has come during the course of investigation that it was on account of the dispute with regard to plucking of Jamun that there was scuffle between the parties. It has been further submitted that the injury report has been brought on record, which states that the injuries are simple in nature. Lastly, it has been submitted that the petitioner has got clean criminal antecedent.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of
3/4 Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Cherki P.S. Case No. 86 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for
4/4 cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is allowed.
(Sourendra Pandey, J) manoj/- U T