Patna High Court
Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail as the injury was simple and no intention to cause death was established.
Summary
Shubham Kumar was named in an FIR for assaulting the brother of an informant, allegedly causing head injuries with intent to cause death, under multiple sections of the Bihar Negotiable Statutes and Section 27 of the Arms Act. The petitioner argued that the parties were in enmity, the alleged repeated assaults lacked intervening circumstances, and medical evidence showed the injuries were simple, negating intent to kill. The State opposed bail, citing the seriousness of the charges and the petitioner’s involvement in other cases. The court examined the factual submissions and the nature of the injury, finding no prima facie case of repeated assault or intent to cause death. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS. The bail order was conditioned on the petitioner’s surrender within four weeks and compliance with the lower court’s proceedings.
Issues considered
- Whether the petitioner is entitled to bail despite charges of assault with intent to cause death under the BNS and Arms Act
- Whether the nature of the injury and lack of evidence of repeated assault negate the intention to cause death
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 126(2), 303(2), 308(2), 3(5)
- Criminal Procedure Code (Cr.P.C.) — s. 438(2), 482(2)
Subjects
- bail
- assault
- criminal procedure
- intent to cause death
- arms act
- section 438
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10823 of 2026
Arising Out of PS. Case No.-445 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Shubham Kumar S/o- Mahesh Chandra Prasad Yadav @ Mahesh Chandra Pd.
Yadav R/o Village- Mustfapur, P.S.-Bibhutipur District-Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anant Kumar Mishra
For the Opposite Party/s : Mr.Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bibhutipur P.S. Case
No. 445 of 2025 registered for the offences punishable under
Sections 126(2), 115(2), 109(1), 308(2), 303(2) and 3(5) of the
BNS and Section 27 of the Arms Act.
3. The allegation against petitioner is to assault
informant and others during the occurrence causing head and
bodily injuries which alleged to cause with intention to cause their
death.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the parties are in enmical terms as
prior to this occurrence, a case was lodged by petitioner side
against informant and others. It is submitted that though
petitioner specifically alleged to assault on the head of the brother
of the informant, but the allegation of repeated assault is not
available without any intervening circumstances and moreover
Patna High Court CR. MISC. No.10823 of 2026(2) dt.24-02-2026
2/2
upon medical examination nature of injury was found simple
prima-facie negating intention to cause death of the brother of the
informant as alleged. While concluding argument it is submitted
that petitioner found involved in three more cases, where he is in
on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as assault alleged to be caused upon the head of the
brother of informant, prima-facie not appears repeated without
having any intervening circumstances, coupled with the fact injury
also found simple in nature, accordingly petitioner above-named,
in the event of his arrest or surrender before the court below
within a period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned SDJM, Rosera, Samastipur/concerned Court, where the
case is pending in connection with Bibhutipur P.S. Case No. 445 of
2025, subject to the conditions as laid down under Section 438(2)
of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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