Patna High Court
Shrawan Kumar Das @ Shrawan Kumar Choudhary @ Shravan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 127(1), 190, 191(2), 303(2), 351(2), 352
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
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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
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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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