Patna High Court

Keshav Kumar @ Keshav SharmaversusThe State of Bihar

Decided: 10 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Keshav Kumar, sought regular bail in a case registered under multiple sections of the Indian Penal Code, arising from an incident where police attempting to execute a non‑bailable warrant were attacked by a crowd. The prosecution alleged that the petitioner was part of the violent protest that injured police officers with lathis, rods, and swords. The petitioner’s counsel argued that the FIR description was vague, the injuries were minor, and the petitioner had been in judicial custody since 15‑12‑2025 without any substantive evidence of guilt. The State opposed bail, citing the petitioner’s prior criminal antecedent. After hearing both sides, the court found no compelling reason to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged under multiple IPC sections for alleged violent resistance to police.
Whether the nature and extent of injury to police officers justify denial of bail.
Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

Indian Penal Code — s. 109, 115(2), 118(1), 121(1), 121(2), 126(2), 132, 190, 191(2), 191(3), 262, 351(2), 352

Subjects

regular bail
non‑bailable warrant
Indian Penal Code
violent protest
police injury
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12890 of 2026
                  Arising Out of PS. Case No.-200 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Keshav Kumar @ Keshav Sharma S/O Virendra Sharma @ Virendra Kumar
                 Ray @ Nanki Sharma Resident of village- Morba Ray Tol, Police Station
                 Musarigharari, District- Samastipur.
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Patna
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-03-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 191(2),

                   191(3), 190, 126(2), 115(2), 118(1), 109, 121(1), 121(2), 132, 262,

                   352, 351(2) of BNS.

                                3. The case of the prosecution is that the police has

                   gone to execute the non bailable warrant issued against the

                   accused Sonu Sharma who was accused in G.R. Case No. 269/09.

                   It is alleged that when the            police reached there, they were

                   informed that the accused was at Bathan and as the police went to

                   the bathan, five persons who were present there started protesting

                   the arrest of the said accused and they became violent and

                   attacked the police with lathi, rod, sword etc.

                                4. Learned counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.12890 of 2026(2) dt.10-03-2026
                                                        2/2




                      petitioner is innocent and has committed no offence. Learned

                      counsel for the petitioner has submitted that the name of the

                      petitioner is there in the FIR but the nature of allegation is general

                      and omnibus. The nature of injury sustained by the police is

                      simple. Moreover, the petitioner is languishing in judicial custody

                      since 15.12.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail and has submitted that

                      petitioner is having one criminal antecedent.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Musrigharari P.S. Case No. 200 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Samastipur.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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