Sachin Kumar v. The State Of Bihar

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, DisttSamastipur ... ... 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 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