Patna High Court
Shyam Kumar @ Shyam Sundar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Shyam Kumar, was implicated in a case (PS. Case No. 454 of 2025) alleging that he and several others smoked ganja in a revenue office and assaulted an informant with lathi and an iron rod, causing injuries. He contended that he was falsely implicated, had no criminal antecedent, and that co‑accused persons had already been granted anticipatory bail. The State opposed his bail application, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita. The court considered the petitioner’s youth, clean record, the fact that only one injury was grievous, and the bail granted to similarly situated co‑accused. Accordingly, the court ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to bail/anticipatory bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352
Subjects
- bail
- anticipatory bail
- criminal procedure
- assault
- drug consumption
- section 482
- section 191
- section 190
- section 126
- section 115
- section 109
- section 352
- section 351
- section 303
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11479 of 2026
Arising Out of PS. Case No.-454 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Shyam Kumar @ Shyam Sundar Kumar S/o Bhola Yadav @ Baleshwar
Prasad Yadav Resident of Village- Sokhodewra, P.S.- Kawakol, District-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Ms. Harshita, Advocate
Ms. Amrita Kumari, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 06-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 191(2), 190, 126(2), 115(2), 109, 352,
351(2) and 303(2) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, all the F.I.R. named
accused persons including the petitioner and 4-5 unknown
persons were smoking ganja-cigarette in Revenue Kachhari and
when informant objected then all the accused persons assaulted
him by lathi-danda and iron rod due to which, he sustained
injuries.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.11479 of 2026(4) dt.06-05-2026
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petitioner submits that petitioner is innocent and has falsely
been implicated in the present case on the basis of suspicion.
Further submission is that the allegation of assault with lathi-
danda and iron rod on the informant is made against eight
named co-accused persons along with 4-5 other unknown
persons. Except the one injury which is grievous in nature, other
injuries are simple in nature. Similarly situated co-accused
persons, namely, Jaikaran Kumar, Prahalad Kumar and Shivam
Kumar have been granted anticipatory bail by the Court
concerned. Petitioner is a student having no criminal antecedent
and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation, age of the petitioner and his fair antecedent, let the
above named petitioner be released on bail, in the event of arrest
or surrender before the learned court below within a period of
six weeks from today, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate-I, Nawada
in connection with Kawakol P.S. Case No. 454 of 2025, subject
Patna High Court CR. MISC. No.11479 of 2026(4) dt.06-05-2026
3/3
to the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
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