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Patna High CourtCR. MISC./91234/2025allowed

Sandeep Kumar v. The State Of Bihar

2026-01-15Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 91234 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- BIND District- Nalanda ====================================================== Sandeep Kumar Son of Late Bhutali Kewat @ Sadhu Kewat Resident of Village- Bakra, P.S.- Bind, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Durgesh Nandan For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-01-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Bind P.S. Case No. 193 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the BNS.

3. On account of previous enmity with co-accused Chandan Kumar, the petitioner along with him rushed to the house of the informant and started abusing. When the same was protested by the son of the informant, it is alleged that this petitioner tried to assault him by means of sword but he anyhow saved himself. It is further alleged that the petitioner caught hold the younger brother of the informant, whereupon coaccused Chandan Kumar has assaulted him by means of sword over his neck, due to which he sustained grievous injury.

Patna High Court CR. MISC. No. 91234 of 2025(2) dt.15-01-2026 2/3

4. Learned Advocate for the petitioner submitted that even if the allegation is taken to be true for the sake of argument, the specific accusation of causing sword blow is levelled against Chandan Kumar, which has been found to be grievous in nature. So far the petitioner is concerned, only on account of the fact that he, being the cousin of Chandan Kumar, was present at the time of occurrence, his name has been implicated in this case. Previous enmity is said to be with coaccused Chandan Kumar and, as such there was no reason or occasion for the petitioner to enter into such crime. The petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that because of the active participation of the petitioner along with co-accused Chandan Kuamr, the younger brother of the informant has sustained grievous injury and, as such, the petitioner does not deserve pre-arrest bail.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the limited accusation against the petitioner as also the fact that the none has sustained any injury because of the assault

Patna High Court CR. MISC. No. 91234 of 2025(2) dt.15-01-2026 3/3 being made by the petitioner as well as the fair antecedent, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class XIII, Nalanda at Biharsharif in connection with Bind P.S. Case No. 193 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) Anjani/- U T