Patna High Court

SUDHANSHU KASHYAP @ LAXMIKANT SINGHversusThe State of Bihar

Decided: 4 February 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to petitioner No.3 but denied to petitioners No.1 and No.2.

Summary

The petitioners, three accused persons, applied for bail in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, 2023. Petitioners No.1 and No.2 were alleged to have assaulted the husband of the informant, resulting in his death on the spot, while petitioner No.3, along with co‑accused, was charged with assaulting another person causing only simple injury. The court examined whether the seriousness of the offences and the nature of the injuries justified the grant of bail. It held that the murder‑related charges against petitioners No.1 and No.2 warranted denial of bail, whereas the minor injury in petitioner No.3’s case permitted bail with conditions. Consequently, bail was denied to petitioners No.1 and No.2 and granted to petitioner No.3 upon furnishing a bail bond of Rs.10,000 with two sureties and compliance with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether bail should be granted to the accused under the offences listed in the Bharatiya Nyaya Sanhita, 2023.
Whether the nature and seriousness of the alleged offences (murder vs. simple assault) justify denial or grant of bail.
Whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the court to enlarge bail in the present circumstances.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 117(2), 118(2), 126(2), 3(5), 351, 352

Subjects

bail
criminal procedure
murder
assault
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79641 of 2025
                  Arising Out of PS. Case No.-372 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
           1.     SUDHANSHU KASHYAP @ LAXMIKANT SINGH S/o- Rishikant Singh
                  @ Rishi Kant Sharma @ Rishi Kant Singh R/v- Kanchchedwa W.No-2, Ps-
                  Harsidhi Dist- East Champaran
           2.    Manish Singh @ Manish Kumar @ Awanish Kumar S/o- Sant Singh R/v-
                 Kanchchedwa W.No-2, Ps- Harsidhi Dist- East Champaran
           3.    Sonu Kumar @ Satyam Kumar S/o- Ram Pravesh Singh R/v- Kanchchedwa
                 W.No-2, Ps- Harsidhi Dist- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :      Mr.Uday Chand Prasad, A.P.P.
                                                 Mr. Madhurendra Kumar, M.Kumar, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   04-02-2026                    Heard learned counsel for the parties.
                                2. Petitioners apprehend arrest in a case registered for
                   the offence punishable under sections 115(2), 117(2), 118(2),
                   126(2), 109(1), 103(1), 351, 352 and 3(5) of the Bharatiya
                   Nyaya Sanhita, 2023.
                                3. As per FIR, petitioner no. 1 and 2 are assailants of
                   husband of the informant, who died on the spot. As such, their
                   prayer for bail is rejected.
                                4. Petitioner no.3 along with co-accused Chandan
                   Kishore Singh and Ankit Kumar are alleged to have assaulted
                   one Dilip Kumar. Doctor has found simple injury.
                                5. Considering the nature of injury caused by
                   petitioner no.3, prayer for bail of this petitioner is allowed. In
                   the event of arrest/surrender within a period of eight weeks from
             Patna High Court CR. MISC. No.79641 of 2025(5) dt.04-02-2026
                                                         2/2




                       today, let this petitioner, named above, be enlarged on bail on
                       furnishing bail bond of Rs.10,000/- (ten thousand) with two
                       sureties of the like amount each to the satisfaction of the
                       Judicial Magistrate 1st class, Motihari, East Champaran in
                       Harsidhi Police Station Case No. 372/2025, subject to the
                       conditions laid down under section 482 Bharatiya Nagarik
                       Suraksha Sanhita, 2023.



                                             (Prabhat Kumar Singh, J)
Shashi

U        T

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