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Patna High Court

Sudhanshu Shekhar @ ChunnaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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