Patna High Court
Shankar Tuddu @ Shiv Shankar TuduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Shankar Tuddu sought anticipatory bail fearing arrest in a case (Amarpur P.S. No. 728 of 2025) involving alleged assault on police officers under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, that no specific allegation or incriminating material was found against him, and that the injuries to police were minor. The State opposed the bail, citing the seriousness of the offences and his prior criminal antecedent for which he was on bail. The Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S., imposing conditions such as surety bonds, personal presence in court, and verification of his criminal antecedent. The order clarified that any observations made would not affect the trial, and the bail could be cancelled upon breach of conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s alleged involvement and prior criminal antecedent preclude the grant of anticipatory bail.
- What conditions may be imposed on anticipatory bail to safeguard the trial process.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 121(1), 121(2), 126, 132, 190, 191(2), 191(3), 35(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault on police
- false implication
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2645 of 2026
Arising Out of PS. Case No.-728 Year-2025 Thana- AMARPUR District- Banka
======================================================
Shankar Tuddu @ Shiv Shankar Tudu S/o Raghunandan Tudu @ Raghu
Tuddu R/o Village- Mahadev Sthan, P.S- Amarpur, Dist- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Amarpur P.S. Case No. 728 of 2025 registered for the offences
under Sections 191(2), 191(3), 190, 126, 115(2), 109(1), 132,
121(1), 121(2), 352, 35(2) of the Bharatiya Nyaya Sanhita,
2023.
3. The allegation against the petitioner is that he,
along with 10 named persons and around 25-30 unknown
persons, all variously armed with sticks, iron rod etc assaulted
the police personnel, who were there at the place of occurrence
looking for liquor.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and his name
Patna High Court CR. MISC. No.2645 of 2026(2) dt.28-01-2026
2/3
is said to have been given by the local chowkidar. It has further
been submitted that there is no specific allegation levelled
against the petitioner and no incriminating article was recovered
from his house. While the injuries said to have been sustained
by two persons were found to be simple in nature except for one
of the injury sustained by Dashrath Yadav. It has lastly been
submitted that the petitioner carries one criminal antecedent in
which he is on bail.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, 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
Amarpur P.S. Case No. 728 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
Patna High Court CR. MISC. No.2645 of 2026(2) dt.28-01-2026
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relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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