Created by Fuzzy Cloud

Patna High Court

Shyam Bihari KumarversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bond and conditions under Section 482(2) of the BNS, 2023.

Summary

The petitioners, Shyam Bihari Kumar and Raj Kumar Prasad, were named in an FIR (Roshanganj PS Case No. 152 of 2025) alleging assault with an iron rod, sharp weapons, and theft of Rs.1,25,000, invoking several sections of the Bhartiya Nyaya Sanhita, 2023. They contend that the dispute was a family land quarrel and that the injury report does not corroborate the alleged grievous injuries. The State opposed bail, arguing that the injuries were serious and consistent with the charges. The petitioners' counsel sought anticipatory bail, emphasizing the lack of substantive evidence. The Court, after considering the injury report and the nature of the dispute, granted anticipatory bail subject to a bond of Rs.30,000 each and conditions under Section 482(2) of the BNS, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bhartiya Nyaya Sanhita, 2023 in view of the alleged assault and theft.
  • Whether the injury report undermines the prosecution's case and justifies bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • theft
  • family dispute
  • BNS 2023
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13630 of 2026
                     Arising Out of PS. Case No.-152 Year-2025 Thana- ROSHANGANJ District- Gaya
                 ======================================================
           1.     Shyam Bihari Kumar Son of Sita Ram Yadav Resident Of Village -
                  Fatehpur, P.S.- Roshanganj, District- Gaya.
           2.    Raj Kumar Prasad @ Raj Kumar Yadav Son of Sita Ram Yadav Resident Of
                 Village - Fatehpur, P.S.- Roshanganj, District- Gaya.

                                                                                ... ... Petitioner/s
                                                      Versus

                 THE STATE OF BIHAR Advocate General Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Javed Jafar Khan, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   29-04-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Roshanganj P.S. Case No. 152 of 2025, dated

                   24.11.2025, lodged under Sections 191, 126(2), 115, 118(1),

                   117, 109, 61(2) & 352 of the Bhartiya Nyaya Sanhita, 2023

                   (hereinafter referred to as “BNS, 2023”).

                                3. As per the prosecution, FIR has been lodged against

                   five named accused persons, including the present petitioners,

                   alleging that they all assaulted the husband of the informant

                   with an iron rod, sharp cutting weapons, and a tangi. It is further

                   alleged that they broke the hand of the informant’s husband and

                   caused injury to his head, due to which he was seriously injured.
Patna High Court CR. MISC. No.13630 of 2026(3) dt.29-04-2026
                                            2/3




          Thereafter, there is also an allegation of snatching Rs.

          1,25,000/-.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel submits that from a bare reading of the FIR, it becomes

          crystal clear that the dispute took place between family

          members, and although there is an allegation of assault by iron

          rod and sharp cutting weapons, the injury report does not

          support the same.

                       5. Counsel further submits that both parties are

          agnates, and on account of a petty land dispute, a scuffle took

          place within the family, which resulted in the filing of the

          criminal case. Counsel also submits that on the previous

          occasion, the case diary, including the injury report, had been

          called for. From the injury report, it becomes clear whether the

          allegations made in the FIR are correct or not.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that the injury report

          transpires that the injuries are grievous in nature. The injuries

          are lacerated wounds and abrasions, which cannot be caused by

          the sharp cutting weapon alleged to have been in the hands of

          the petitioners.
          Patna High Court CR. MISC. No.13630 of 2026(3) dt.29-04-2026
                                                      3/3




                                 7. In the present facts and circumstances of this case,

                    let the above named petitioners be released on anticipatory bail,

                    in the event of arrest or surrender before the Trial Court within a

                    period of 4 weeks from today, on furnishing bail bond of

                    Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in

                    Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Judicial

                    Magistrate, 1st Class, Sherghati, Gaya, in connection with

                    Roshanganj P.S. Case No. 152 of 2025, subject to the conditions

                    as laid down U/s 482(2) of the BNSS, 2023.



                                                                     (Dr. Anshuman, J.)


Aman Kumar/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.