Patna High Court
Shemeru Roy @ Sumardeo SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners with conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, Shemeru Roy and Ajay Roy, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. for allegedly assaulting an informant and causing a leg injury during a dispute over road construction on the informant’s land. They contended that the FIR was lodged six days after the incident, no intent to outrage the informant’s modesty was shown, and the injury was a hairline fracture resulting from a fall, not a serious assault. The State opposed the bail, arguing the seriousness of the offences, including a non‑bailable provision under Section 74. The Court examined the delay in filing the FIR, the nature of the injury, and the absence of any allegation of outraging modesty, and concluded that these factors warranted the grant of anticipatory bail. Accordingly, the Court ordered that the petitioners be released on bail upon surrender within four weeks, subject to a bond of Rs 10,000 with two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in view of the allegations under various sections of the B.N.S.
- Whether the six‑day delay in lodging the FIR and the lack of intent to outrage the informant’s modesty affect the bail decision
- Whether the nature of the injury constitutes grievous hurt warranting denial of bail
Legislation cited
- B.N.S.S. — s. 115(2), 117(2), 126(1), 324(4), 324(5), 3(5), 351(2), 351(3), 352, 482(2), 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- FIR delay
- assault
- grievous hurt
- Section 438
- Section 482
- non‑bailable offence
- road construction dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19585 of 2026
Arising Out of PS. Case No.-616 Year-2025 Thana- BYPASS District- Patna
======================================================
1. Shemeru Roy @ Sumardeo Singh S/O Dhardas Roy @ Shyamsunar Singh
R/O Mohalla- Marchi, P.S.- Bypass, District- Patna
2. Ajay Roy @ Ajay Kumar S/O Sumardeo Singh @ Shemeru Roy R/O
Mohalla- Marchi, P.S.- Bypass, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar
For the Opposite Party/s : Mr.Nirmala Kumari
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners 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(1), 117(2), 74, 324(4), 324(5), 352, 351(2), 351(3),
3(5) of the B.N.S.
3. Petitioners along with other accused persons are
said to have assaulted and abused the informant and broke her
leg.
4. Learned counsel for the petitioners submits that it
would be apparent from the First Information Report itself that a
dispute took place with regard to construction of road being
made on the land of the informant by the petitioners along with
Patna High Court CR. MISC. No.19585 of 2026(2) dt.06-04-2026
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4-5 other unknown persons. It further appears that upon protest
being raised, the petitioners and others indulged in hurling
abuses and assault causing injury in her leg. It is further
submitted that the First Information Report itself has been
lodged after a delay of six days for which no explanation has
been tendered by the informant. It is further submitted that
although the only non-bailable offence is section 74 of the BNS
but it has nowhere been alleged that the said assault upon the
informant was made with an intent to outrage her modesty. So
far as the grievous injury is concerned, the injury report of
Annexure-p/2 Mahivir Arogya Sansthan clearly indicates that
the injury found was a hairline fracture on account of falling
from stairs. Further, the petitioners have no criminal antecedent.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the factum of delay in
lodging of the FIR coupled with the fact that there is no instance
of outraging the modesty of the informant/victim, 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/-
Patna High Court CR. MISC. No.19585 of 2026(2) dt.06-04-2026
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(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 Bypass
P.S. Case No. 616 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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