Patna High Court
Shiv Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Shiv Shankar Kumar was arrested on 22 November 2025 in connection with a FIR dated 14 November 2025 alleging assault on an informant during a dispute over a drainage cleaning, with charges under several sections of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed innocence, arguing that the injury to the informant was simple and that he was falsely implicated. The prosecution opposed bail, citing a specific allegation against the petitioner and four prior criminal antecedents, though noting the petitioner was already on bail in those matters. The court considered the nature of the injury, the petitioner’s claim of innocence, and the antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions. The bail order includes requirements for cooperation with the trial, presence in court, and provisions for cancellation if evidence is tampered with or antecedents are concealed.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents
- Whether the simple nature of the injury and the claim of false implication justify bail
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 74, 79
Subjects
- bail
- criminal procedure
- assault
- prior criminal antecedent
- Bharatiya Nyay Sanhita
- injury
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15081 of 2026
Arising Out of PS. Case No.-539 Year-2025 Thana- PALIGANJ District- Patna
======================================================
Shiv Shankar Kumar Son of Sri Omprakash Yadav R/o Vill - Preyachak @
Pandeychak, P.S - Paliganj, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Jyoti Kumari, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Ms. Jyoti Kumari, learned counsel for the
petitioner as well as Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.11.2025 in connection with Paliganj P.S. Case No. 539 of
2025, F.I.R. dated 14.11.2025 for the offences punishable under
Sections 126(2), 115(2), 117(2), 109(1), 74, 303(2), 79, 352,
3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that
when the informant was cleaning the drainage in the house, in
the meantime, petitioner along with other co-accused came
together armed with sticks, poles and iron and they abused and
blocked the drain. Upon protest, the accused persons assaulted
him.
Patna High Court CR. MISC. No.15081 of 2026(3) dt.02-04-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the FIR that due to some petty
dispute the present occurrence has taken place. Although there is
specific allegation against the petitioner that he has assaulted the
informant by means of iron rod but the injury report of the
informant suggest that injury inflicted upon him is simple in
nature. He further submits that the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in custody since 22.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that there is direct and specific allegation against the
petitioner and apart from that petitioner carries four criminal
antecedent other than the present one but fairly submits on the
basis of supplementary affidavit filed on behalf of the petitioner
that the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
injury inflicted upon the injured person is simple in nature, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned S.D.J.M.,
Patna High Court CR. MISC. No.15081 of 2026(3) dt.02-04-2026
3/3
Danapur in connection with Paliganj P.S. Case No. 539 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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