Patna High Court
Shankar MalakarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Shankar Malakar was arrested on 13 November 2025 in connection with FIR dated 5 September 2025 alleging offences under Sections 126(2), 115(2), 109(1), 303(2) and 3(5) of the B.N.S. The prosecution alleged that he and co‑accused assaulted an informant and her family, attempting to kill the informant's sons. The petitioner pleaded that he has a clean antecedent and that the FIR contains only a general, omnibus allegation against him with no specific overt act. The State opposed bail, but the court noted the absence of a specific charge against the petitioner, the existence of a counter‑case, and his clean record. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Additional Chief Judicial Magistrate‑I, Samastipur.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the B.N.S.
- Whether the lack of a specific allegation or overt act against the petitioner justifies bail
- Whether the petitioner’s clean antecedent and the existence of a counter‑case warrant bail with conditions
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- clean antecedent
- specific allegation
- conditions of bail
- Bihar High Court
- Criminal Miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1829 of 2026
Arising Out of PS. Case No.-338 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Shankar Malakar Son of Late Umesh Malakar @ Umesh Bhagat Resident of
Village- Dhepura, Ward No 28, P.S- Dalsinghsarai, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Arun Kumar, learned counsel for the
petitioner and Mr. Parmanand Prasad, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
13.11.2025 in connection with Dalsinghsarai P.S. Case No. 338
of 2025, F.I.R. dated 05.09.2025 for the offences punishable
under Sections 126(2), 115(2), 109(1), 303(2), 3(5) of the
B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have assaulted the informant
and her family members. When her sons came to rescue, they
were too assaulted by accused person with intention to kill.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.1829 of 2026(2) dt.19-01-2026
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implicated in the present case. Present case is counter blast of
Dalsinghsarai P.S. Case No. 337 of 2025 filed by the petitioner
against the informant and her family members. Although, the
petitioner is named in the F.I.R. but from perusal of F.I.R., it
appears that there is no specific allegation of any assault or
overt act attributed against the petitioner rather there is general
and omnibus allegation against the petitioner. The petitioner is
in custody since 13.11.2025.
5. Learned APP for the State have vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and also the fact that petitioner has clean antecedent, there is no
specific allegation of any assault or overt act against the
petitioner, there is case and counter case, 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 Additional Chief Judicial
Magistrate-I, Samastipur in connection with Dalsinghsarai P.S.
Case No. 338 of 2025, with 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
Patna High Court CR. MISC. No.1829 of 2026(2) dt.19-01-2026
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on her absence on two consecutive dates without sufficient
reason, his/her 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)
Ranjeet/-
U T
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