Patna High Court
Sudhanshu Shekhar @ ChunnaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners.
Summary
Sudhanshu Shekhar and Himanshu Shekhar were named in an FIR for allegedly assaulting the father of an informant with an iron rod and the butt of a pistol, causing injuries to the chest and thigh. The petitioners contended that the allegation of a head injury was unsupported by the medical report, which they argued falsified the prosecution's case, and they asserted a clean antecedent. They applied for anticipatory bail, arguing innocence and lack of substantive evidence. The State opposed the bail. The Court, after considering the nature of the accusation, the available material, and the petitioners' clean antecedent, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations in the FIR, supported by the injury report, constitute sufficient ground to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- clean antecedent
- injury report
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19903 of 2026
Arising Out of PS. Case No.-486 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
1. Sudhanshu Shekhar @ Chunna S/o Sri Chandra Shekhar Tiwari R/o Village-
Pirhi, PS- Babubarhi, District- Madhubani
2. Himanshu Shekhar @ Munna S/o Sri Chandra Shekhar Tiwari R/o Village-
Pirhi, PS- Babubarhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 303(2), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., six named accused persons, including
these petitioners, assaulted the father of informant with iron rod
and butt of pistol as a result of which he sustained injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus. As per the
allegation, six persons assaulted the father of informant with
Patna High Court CR. MISC. No.19903 of 2026(2) dt.07-04-2026
2/2
sharp weapons, iron rod and butt of pistol and petitioner no. 1
assaulted him on back of the head but as per injury report, he
received only two injuries over his chest and thigh. There is no
injury report on record regarding injury over the head and as
such, injury report falsifies the prosecution story. Petitioners
claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, materials
available on record and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioners in
the event of their arrest/surrender before the court below within
a period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, 1st Class, Madhubani in connection
with Babubarhi P. S. Case No. 486 of 2025, subject to condition
as laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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