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Patna High Court

Gauri Shankar Shah @ Gauri Shankar SahversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court held that petitioner No.1 qualifies for anticipatory bail, whereas petitioners Nos.2 and 3 do not, pending their surrender and trial‑court determination.

Summary

The petitioners, three residents of Bijabani village, were named in FIR No.308 of 2025 under several sections of the Bhartiya Nyaya Sanhita, 2023, alleging assault, robbery and threats. They applied for anticipatory bail, claiming innocence and clean antecedents, while the State opposed bail citing injuries recorded in the case diary. The High Court granted anticipatory bail to petitioner No.1, Gauri Shankar Shah, on condition of a Rs.30,000 bail bond and compliance with Section 2(1)(d) of the BNS, 2023, and subject to Section 482(2) conditions. The Court rejected the anticipatory bail applications of petitioners Nos.2 and 3, directing the trial court to decide their surrender‑cum‑bail applications promptly if they surrender within four weeks. The order reflects a differentiated approach based on the court’s assessment of the seriousness of the allegations against each petitioner.

Issues considered

  • Whether petitioner No.1 is entitled to anticipatory bail under Section 2(1)(d) of the Bhartiya Nyaya Sanhita, 2023.
  • Whether anticipatory bail should be denied to petitioners Nos.2 and 3 despite their surrender within the stipulated period.
  • Whether the injury noted in the case diary justifies denial of bail for petitioners Nos.2 and 3.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Section 2(1)(d)
  • Section 482(2)
  • bail conditions
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21870 of 2026
                     Arising Out of PS. Case No.-308 Year-2025 Thana- JITNA District- East Champaran
                 ======================================================
           1.     Gauri Shankar Shah @ Gauri Shankar Sah S/o- Ram Bachan Shah @
                  Ramavachan Sah Resident of Village - Bijabani, P.S. - Jitna, District - East
                  Champaran
           2.    Monu Kumar @ Manu Kumar S/o- Suresh Shah @ Suresh Sah Resident of
                 Village - Bijabani, P.S. - Jitna, District - East Champaran
           3.    Sonu Kumar S/o- Suresh Shah @ Suresh Sah Resident of Village - Bijabani,
                 P.S. - Jitna, District - East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhurendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Jitna P.S. Case No. 308 of 2025, dated

                   10.12.2025, lodged under Sections 126(2), 115(2), 109(1), 352,

                   351(2), 303(2), 127(2) and 3(5) of the Bhartiya Nyaya Sanhita,

                   2023 (hereinafter referred to as “BNS, 2023”).

                                3. As per the prosecution, FIR has been lodged against

                   seven named accused persons, including the present petitioners,

                   with specific allegations against petitioner Nos. 2 & 3 that they

                   have tied a gamcha around the neck and threatened to kill. The
Patna High Court CR. MISC. No.21870 of 2026(2) dt.08-04-2026
                                            2/3




          allegation of snatching a mobile phone and Rs. 7,000/- cash has

          also been made. It has been further alleged that when the

          informant’s brother reached, they all assaulted both the brother

          and the informant with a lathi.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that all the allegations made are not

          correct and the petitioners have been made accused in this case

          with an ulterior motive. Counsel further submits that the

          criminal antecedents of the petitioners are clean.

                       5. Learned APP for the State, on the other hand,

          opposes the prayer for bail of the petitioners and submits that

          the Trial Court, at the time of passing the order of anticipatory

          bail, has observed about the injury in the case diary.

                       6. As such, in the present facts and circumstances of

          this case, let the petitioner No. 1, namely, Gauri Shankar Shah

          @ Gauri Shankar Sah be released on anticipatory bail, in the

          event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

          2(1)(d) of the BNSS, 2023 to the satisfaction of Additional

          Chief Judicial Magistrate, Sikrahana at Dhaka, East Champaran
          Patna High Court CR. MISC. No.21870 of 2026(2) dt.08-04-2026
                                                      3/3




                    at Motihari, in connection with Jitna P.S. Case No. 308 of 2025,

                    subject to the conditions as laid down U/s 482(2) of the BNSS,

                    2023.

                                 7. So far as the bail applications of petitioner Nos. 2

                    & 3, namely, Monu Kumar @ Manu Kumar & Sonu Kumar, are

                    concerned, their bail applications are hereby rejected, with

                    liberty that, in case petitioner Nos. 2 & 3 surrender within four

                    weeks before the Trial Court, the Trial Court is directed to pass

                    an order on their surrender-cum-bail applications on the same

                    day, without being prejudiced by the fact that the anticipatory

                    bail of petitioner Nos. 2 & 3 has been rejected by this Court, and

                    the Trial Court shall pass an order on the merits of the case.



                                                                    (Dr. Anshuman, J.)


Aman Kumar/-

U     T


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