Patna High Court
Shiv shankar SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail should be granted to the petitioner.
Summary
Shiv Shankar Sahu, an 18‑year‑old student, applied for anticipatory bail in a case alleging assault, pouring hot oil, and theft under several sections of the Bihar Negotiable Statutes. He claimed a clean antecedent and that the incident was accidental, arising from a dispute at his mother’s tea stall. The State opposed the bail. The court considered his youth, first‑offence status, and student background, and noted that custodial detention could jeopardise his future. Relying on Section 482(2) of the Bihar Negotiable Statutes, the court directed that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The anticipatory bail application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offences
- Whether the petitioner’s age, clean antecedent and student status justify the grant of bail
- Whether the nature of the offences under Sections 125(2), 115(2), 117(3), 303(2) and 3(5) of the B.N.S. preclude anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- bail
- criminal procedure
- assault
- theft
- minor
- student
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85704 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- LAKHNAUR District- Madhubani
======================================================
Shiv shankar Sahu son of Chhote Lal Sahu Resident of Village- Tamuriya, ps-
Lakhnaur, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hriday Narayan Harshit
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 125(2), 115(2), 117(3), 303(2) and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a young
boy aged about 18 years and the informant alleges that his son
on 25.03.205 went to the shop of Asha Devi when accused
persons assaulted him and petitioner poured hot oil over him
and snatched Rs.1,200/-.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that no doubt, the son of the
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informant got burnt by hot oil, but then, the occurrence was not
committed in the manner it is being portrayed in the instant FIR.
It is further submitted that petitioner is son of Asha Devi as
Asha Devi runs a tea stall where the victim had come and had
opened a bottle for drinking which was objected by his mother
and sister, on which the victim started having an altercation
when petitioner intervened. It is submitted that the altercation
led to a fight in between the petitioner and the victim and
accidentally the hot oil which was kept at the shop fell on the
victim leading to burn injury. It is next submitted that no doubt,
the occurrence has taken place, but then, petitioner is a young
boy aged about 18 years and if he is sent to judicial custody, his
entire career would get jeopardized and chances are bright that
he may come in contact with hardened criminals. It is also
asserted and submitted relying on the Annexure-4 to the
anticipatory bail application that petitioner is a student.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions and taking into
consideration the fact that petitioner is a young boy aged about
18 years and is a student and it is his first offence, the petitioner,
above-named, in the event of his arrest or surrender before the
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learned Court below within a period of six weeks, is directed to
be released on bail on his furnishing bail-bonds in the sum of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Lakhnaur P. S. Case No.25 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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