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Patna High Court

Shubham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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