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Patna High Court

Shailesh Kumar @ Suraj Kumar Singh @ Salesh Kumar @ Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted, subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act, 2023.

Summary

The petitioners, Shailesh Kumar and co‑accused, applied for anticipatory bail after an FIR was lodged under Sections 126(2), 115(2), 352, 351(2), 74, 303(2) and 329(3) of the Bihar Narcotic Substances Act, 2023, alleging assault on the informant and a third person. The informant claimed the petitioner had attacked her and a by‑stander after a dispute over soil dumped in a drain, causing injuries to the head. The petitioner contended that the allegations were false, that a prior case (Pura PS Case No. 65 of 2025) had been filed by the informant against him, and that the injuries to the informant were simple while his own were grievous. The State and the informant opposed the bail, arguing the seriousness of the offences and the injuries sustained. The Court, after considering the submissions, granted anticipatory bail subject to a Rs 10,000 bond, two sureties of equal amount, and compliance with the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S. Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the offences alleged under the Bihar Narcotic Substances Act, 2023.
  • Whether the nature of the injuries and the existence of a prior case against the informant affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNS Act
  • assault
  • false implication
  • neighbor dispute
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18905 of 2026
                     Arising Out of PS. Case No.-66 Year-2025 Thana- Pura police station District- Gaya
                 ======================================================
                 Shailesh Kumar @ Suraj Kumar Singh @ Salesh Kumar @ Suraj Kumar S/o-
                 Late Subedar Singh R/o Vill- Alalpur PS- Pura Dist- Gaya Ji
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Shivendra Prasad, Advocate
                 For the State             :        Mr. Syed Mojibur Rahman, A.P.P.
                 For the Informant         :        Mr. Manish Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-04-2026                   1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and Mr. Manish Kumar, learned counsel

                   appearing on behalf of the informant.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 352, 351(2), 74, 303(2) and 329(3) of the BNS, 2023.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that petitioner on 10.10.2025, at 06:00 p.m., came and started

                   abusing. On objection, he acted inappropriately with her and

                   assaulted by rod causing injury on head and even assaulted

                   Avinash who came to save her and reason for the occurence is

                   that petitioner puts soil in the drain causing blockage of flow of

                   water.
Patna High Court CR. MISC. No.18905 of 2026(2) dt.06-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from side of the petitioner,

          Pura P.S. Case No. 65 of 2025 has been instituted against the

          informant and her side. It is next submitted that from perusal of

          the allegation as alleged in the FIR, it would manifest that

          occurence is alleged to have taken place on account of putting

          soil in the drain causing blockage of flow of water. It is also

          submited that petitioner and the informant are neighbour. It is

          further submitted that the side of the informant assaulted the

          petitioner brutally causing injury and from perusal of Annexure-

          2 to the anticipatory bail application, it would manifest that the

          injury suffered by the petitioiner on head is opined to be

          grievous in nature when the injury suffered by the informant and

          Avinash is opined to be simple in nature.

                       5. Learned Additional Public Prosecutor for the State

          and learned counsel appearing on behalf of the informant

          opposed the prayer for anticipatory bail of the petitioner.

          Learned counsel appearing on behalf of the informant submits

          that Avinash has suffered three injuries on head and the

          informant has suffered only one injury but then is not in a

          position to rebut the submission of the learned counsel
           Patna High Court CR. MISC. No.18905 of 2026(2) dt.06-04-2026
                                                       3/3




                     appearing on behalf of the petitioner that the injury suffered by

                     the injured has been opined to be simple and the injury of the

                     petitioner has been opined to be grievous and Pura P.S. Case No.

                     65 of 2025 has been instituted from the side of the petitioner.

                                  6. After hearing the learned counsel for the parties, let

                     the petitioner, above-named, in the event of his arrest or

                     surrender within a period of six weeks from today, be released

                     on anticipatory bail on furnishing bail bonds of Rs.10,000/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Trial Court where the case

                     is pending/Successor Court in connection with Pura P.S. Case

                     No. 66 of 2025, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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