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Patna High Court

Shrawan Kumar Das @ Shrawan Kumar Choudhary @ Shravan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with conditions.

Summary

The petitioner, Shrawan Kumar Das, was arrested on 30 January 2026 in connection with an FIR alleging assault and theft of a gold chain, charging him under several sections of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that the FIR did not specifically allege an assault by him and that the injuries to the informant were minor, arguing that his continued custody was unwarranted. The State opposed bail, citing a prior criminal antecedent, though noting the petitioner was already on bail in another pending case. The court examined the nature of the offences, the lack of specific incriminating allegation against the petitioner, and the length of his pre‑trial detention. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence, and directed verification of his criminal antecedent.

Issues considered

  • Whether bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 for the alleged offences.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • theft
  • Bhartiya Nyaya Sanhita
  • prior criminal antecedent
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27197 of 2026
                         Arising Out of PS. Case No.-3 Year-2026 Thana- JALE District- Darbhanga
                 ======================================================
                 Shrawan Kumar Das @ Shrawan Kumar Choudhary @ Shravan Kumar son
                 of Ram Prakash Choudhary @Faguni Das Resident of Village and P.S.- Jale,
                 Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Saurav Anand
                 For the Opposite Party/s :        Mr.Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-04-2026                   Heard Mr. Ashok Kumar Jha, learned counsel for the

                   petitioner and Mr. Pawan Kumar Chaurasia, learned Additional

                   Public Prosecutor for the State.

                                 2. The petitioner seeks bail, who are in custody since

                   30.01.2026 in connection with Jale P.S. Case No. 03 of 2026,

                   F.I.R. for the offences punishable under Sections 191(2), 190,

                   126(2), 127(1), 115(2) 109(1), 303(2), 352, 351(2) of Bhartiya

                   Nyaya Sanhita, 2023.

                                 3. According to prosecution case, in course of going

                   to Madhubani from his village, near Subhash Chowk, the four

                   wheeler of the informant was surrounded by 7-8 persons and in

                   consequence thereof, after abusing him, started assaulted him,

                   as a result of which, he sustained injury. It is also alleged that
Patna High Court CR. MISC. No.27197 of 2026(2) dt.21-04-2026
                                            2/3




          during course of occurrence, the gold chain of the informant

          was snatched away.

                        4. Learned counsel for the petitioner submits that

          although the petitioner is named in the FIR but from perusal of

          the FIR, it appears that there is no specific allegation of assault

          or overt act against the petitioner rather the allegation of assault

          and overt act is against all the accused persons including the

          petitioner. Although the informant is said to have received

          injuries but perusal of the injury report speaks that the injuries

          are simple in nature, caused by hard and blunt substances and

          the petitioner is in custody since 30-01-2026.

                        5. Learned APP for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner carries one more criminal antecedent other than the

          present one but fairly submits that he is on bail in the pending

          matter.

                        6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, 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

          Additional       Chief     Judicial     Magistrate-Ist,   Darbhanga   in

          connection with Jale P.S. Case No. 03 of 2026, with the
            Patna High Court CR. MISC. No.27197 of 2026(2) dt.21-04-2026
                                                        3/3




                      following conditions:

                                    i. The Petitioner shall co-operate in the trial and shall

                      be properly represented on each and every date fixed by the

                      court and shall remain physically present as directed by the

                      court and on his absence on two consecutive dates without

                      sufficient reason, his/her bail bond shall be cancelled by the

                      Court below.

                                    ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the 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.



                                             (Rajesh Kumar Verma, J)
A.K.V.//-

U      T


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