Patna High Court
Shiva @ Shiv Kumar @ ShivjiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the nature of the allegations and the period of custody, the petitioner is entitled to regular bail.
Summary
Shiva Kumar, a resident of Mahsoura village, was arrested on 3 November 2025 in connection with PS Ramgarh Chowk Case No. 198 of 2025 for alleged assault causing simple injuries, charged under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner applied for regular bail, claiming innocence, while the State opposed the application. The court examined the nature of the allegations, the seriousness of the offences, and the length of the petitioner’s custody. Finding that the charges did not warrant continued detention and that the petitioner’s custody period was considerable, the court decided to grant bail. Bail was ordered on a bond of Rs. 10,000 with two sureties of the same amount, subject to the condition of appearing at the police station on the first and third Sunday of each month. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 109(1), 115(2), 126(2), 351(2), 352, 303(2), 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023
- Whether the conditions imposed for bail are appropriate
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- regular bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- bail conditions
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26167 of 2026
Arising Out of PS. Case No.-198 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
Shiva @ Shiv Kumar @ Shivji Son of Lalan Kumar @ Lalan Singh @
Dharam Narayan Kumar Resident of Village- Mahsoura, P.S.- Ramgarh
Chowk, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Anand
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Ramgarh Chowk P.S. Case No. 198 of 2025 registered for the
offence under Section(s) 109(1), 115(2), 126(2), 351(2), 352,
303(2), 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim causing simple injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 03.11.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.26167 of 2026(2) dt.22-04-2026
2/2
6. Considering the aforesaid facts and circumstances
and the nature of allegation as well as the period of custody, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) 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 Ramgarh Chowk
P.S. Case No. 198 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Ramgarh Chowk Police
Station on the first and third Sunday of each
month. Any default in appearance at the
Police Station would result in cancellation of
bail bond of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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