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Patna High Court

Shankar MalakarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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