Patna High Court
Shubham Kumar @ Jiran Jyoti ShubhamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners, subject to a bond and sureties, considering the simple nature of injuries and the pending land dispute.
Summary
The petitioners, who are agnates of the informant, were charged under multiple sections of the B.N.S for allegedly assaulting the informant and his son with a lathi and forcibly taking Rs. 5,500. They claimed the allegations arose from a land dispute and that the injuries were simple. The State opposed their application for anticipatory bail, relying on the FIR. The Court, noting the land dispute, pending civil suits, and the minor nature of the injuries, ordered that the petitioners be released on bail if arrested, subject to a bond of Rs.10,000 with two sureties each, under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The bail was conditioned on surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code in view of the alleged offences.
- Whether the nature of the alleged assault and the surrounding land dispute justify bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- assault
- land dispute
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19505 of 2026
Arising Out of PS. Case No.-355 Year-2025 Thana- SILAO District- Nalanda
======================================================
1. Shubham Kumar @ Jiran Jyoti Shubham S/o- Shasahi Shankar Prasad Singh
Village- Chandi Mai PS- Silao Dist- Nalanda
2. Amar Jyoti @ Amar Jyoti Kumar @ Bittu S/o- Indradev Singh Village-
Chandi Mai PS- Silao Dist- Nalanda
3. Shashi Shankar Prasad Singh @ Shashi Shankar Singh S/o- Mahendra Singh
Village- Chandi Mai PS- Silao Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amitabh Rituraj
For the informant Mr. Ramchandra Singh
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections
115(2), 126(2), 303(2), 324(5), 109(1), 190, 191(2), 351(3), 352
of the B.N.S.
3. Petitioners are said to have assaulted the informant
and his son by means of lathi, danda causing injury to them. It is
further alleged that that during the said occurrence, one
Shubham Kumar forcibly took away Rs. 5500/- from the
informant.
Patna High Court CR. MISC. No.19505 of 2026(2) dt.06-04-2026
2/3
4. Learned counsel for the petitioners submits that
both the parties are agnates and on account of a land dispute, the
petitioners have been falsely implicated. It has further been
submitted that there is a case and counter case and Annexure-2
is the case filed on the side of the petitioners. Further, title suit
relating to a land dispute is also pending and the injury reports
of the injured person (Annexure-p/3) also indicates that the
injury is simple in nature.
5. Learned APP for the State and the learned counsel
for the informant have opposed the application for anticipatory
bail on the basis of allegations made in the First Information
report.
6. Taking into consideration the facts and
circumstances and also considering the fact of land dispute
between the parties and the pending litigations and also
considering the nature of injury to be simple, let the above
named petitioners in the event of their arrest or surrender before
the learned Court below within a period of four weeks from
today, be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with Silao P.S.
Patna High Court CR. MISC. No.19505 of 2026(2) dt.06-04-2026
3/3
Case No. 355 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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