Patna High Court
Shiv Shankar Choudhary @ Rahul @ ShivshankarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, finding the allegations insufficient to deny bail.
Summary
The petitioner, Shiv Shankar Choudhary, sought anticipatory bail fearing arrest in a case (Banka P.S. Case No. 562 of 2025) where an FIR alleged that he and co‑accused assaulted an informant, attempted to abduct the informant's three‑year‑old daughter, and confined the informant's wife. The petitioner contended that the injuries described in the FIR did not match the alleged assault, that the dispute was personal between the informant and his wife, and that he was unjustly implicated. The State opposed the bail, arguing the seriousness of the offences under the Bharatiya Nyaya Sanhita. The Court examined the nature of the allegations, the lack of corroborative injury, and the personal motive, and decided to grant anticipatory bail subject to strict conditions. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious allegations under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged injury and the personal dispute justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 127(2), 303(2), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- kidnapping
- personal dispute
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22315 of 2026
Arising Out of PS. Case No.-562 Year-2025 Thana- BANKA District- Banka
======================================================
Shiv Shankar Choudhary @ Rahul @ Shivshankar Son of Pappu Choudhary
Resident of Village- Ward no. 7, Babutola (Azad Chowk ) ps and Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Banka P.S. Case No. 562 of 2025, F.I.R dated
12.12.2025 registered for the offences punishable under
Sections 126(2), 127(2), 115(2), 109, 303(2), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 11.12.2025 at
around 4:00 PM, while the informant was going to the market,
the petitioners and co-accused intercepted him near the Banka
Civil Court premises. They abused him and attempted to abduct
his three-year-old daughter. When he resisted, they assaulted
him—one accused struck his head with an iron rod, causing
injury, and another tried to strangle him. They also allegedly
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snatched his wife and confined her in their house.
4. Learned counsel for the petitioner submits that as
per the allegations levelled in the F.I.R., the petitioner is said to
have assaulted by means of iron rod on the head of the
informant but the nature of injury does not support the
allegations levelled in the F.I.R. The present case has been
lodged by the informant, who is the husband of one Manisha
Singh, who has also lodged a case against the informant bearing
Banka P.S. Case No.563 of 2025 and the petitioner has been
unnecessarily dragged in the instant case for the reason that the
wife of the informant is residing with this petitioner. It has next
been submitted that the allegation with regard to abducting the
daughter of the informant is false and frivolous, as she is
presently residing in the house of the informant.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances that
the nature of allegations as also the injury does not support the
allegations as levelled in the F.I.R., and there being a personal fight
between the husband (informant) and the wife of the informant, the
petitioner has been unnecessarily dragged in the instant case.
Accordingly, this Court is inclined to grant the privilege of
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anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Banka, in
connection with Banka P.S. Case No. 562 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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