Patna High Court
Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
Shubham Kumar, a 19‑year‑old student, sought relief fearing arrest in a case (Turkauliya PS Case No. 300 of 2025) where he was charged under several sections of the Indian Penal Code for alleged assault in a land‑dispute. The prosecution alleged that the petitioner, along with others, attacked members of the informant’s family, resulting in injuries that were recorded in the FIR. The petitioner contended that his own injury in the counter‑case was grievous, while the injury he allegedly caused was simple, and he argued that he posed no flight risk. The court noted the existence of both a case and a counter‑case, the nature of the injuries, and the petitioner’s youth, and decided to extend anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, appearance before the trial court, cooperation with police, non‑interference with witnesses, and refraining from further offences.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the nature of the alleged injuries and the existence of a counter‑case justify granting bail
Legislation cited
- Indian Penal Code — s. 109, 115, 117, 118, 126, 190, 191
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- land dispute
- FIR
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13272 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Shubham Kumar Son of Sanjay Kumar Yadav @ Sanjay Yadav Residet of
Village- Shankar Saraiya, PS- Turkauliya District- East Champaran Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhandev Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
For the Informant : Mr. Karandeep Kumar, Advocate
Mr. Mrityunjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 29-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Turkauliya P.S. Case No. 300 of 2025 for the
offence under sections 191(2), 190, 126(2), 115(2), 118(1), 117(2)
and 109(1) of the BNS lodged on 24.06.2025 by the informant,
Sikandar Yadav.
3. As per the prosecution story, the informant alleged
that due to land dispute, the accused persons armed variously came
and assaulted the family members of the informant. The main
allegation is against Sanjay Yadav, Raushan Kumar, Yashwant
Kumar, this petitioner (Shubham Kumar) as also Braj Kishore
Yadav and others of assaulting the informant’s side, namely, Akash
Kumar, Chandra Kishore Yadav, Naresh Yadav and Arjun Kumar
respectively. The injured were taken to Sadar Hospital and then to
Rahmania Hospital, Motihari which followed the FIR. This led to
the FIR.
Patna High Court CR. MISC. No.13272 of 2026(3) dt.29-04-2026
2/3
4. Learned counsel for the petitioner submits that
Shubham Kumar is before this Court who is a student, aged about
nineteen years and in the counter case, he has suffered grievous
injury. The injury attributed to him towards Chandra Kishore
Yadav has been found to be simple in nature.
5. It is to be noted that the Coordinate Bench earlier had
called for the case diary and injury reports which are on record.
6. Learned counsel for the informant submits that
though there is case and counter-case, number of informant’s
family have been injured and the role of the petitioner has clearly
marked in the FIR.
7. Taking into account the submissions of the parties as
also that the injury has been found to be simple in nature, there is
case and counter-case, the petitioner has also suffered grievous
injury, in that background, this Court is inclined to extend him the
privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned Additional Sessions Judge-IV, East Champaran,
Motihari in connection with Turkauliya P.S. Case No. 300 of 2025
subject to the following conditions:
Patna High Court CR. MISC. No.13272 of 2026(3) dt.29-04-2026
3/3
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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