Patna High Court
Shyam Bihari KumarversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115, 117, 118(1), 126(2), 191, 2(1)(d), 352, 482(2), 61(2)
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
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