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Patna High Court

Shubham Kumar @ Jiran Jyoti ShubhamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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
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                       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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