Patna High Court
Shyambabu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioner is entitled to bail, subject to conditions imposed by the Court.
Summary
The petitioner, Shyambabu Kumar, was arrested in connection with a communal clash that occurred during a Durga immersion procession, for which a FIR was filed against 74 named persons and many unknown individuals. The petitioner argues that he is not named in the FIR and that his name was later added based on a chaukidar's disclosure, with no specific evidence linking him to the offences listed under various sections of the Indian Penal Code. He has been in custody since 15 September 2025, has no prior criminal record, and points to the fact that other co‑accused have been granted bail or anticipatory bail. The State opposed bail, citing the seriousness of the offences. The Court, after considering the lack of specific incriminating material against the petitioner and the precedent of bail to co‑accused, granted bail subject to monetary surety and several conditions, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether the petitioner, who is not named in the FIR and lacks specific evidence against him, is entitled to bail in a case involving multiple serious IPC offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 147, 148, 149, 153, 201, 295, 296, 302, 324, 326, 336, 337, 338, 353, 505
Subjects
- bail
- communal violence
- Indian Penal Code
- Section 82 CrPC
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3031 of 2026
Arising Out of PS. Case No.-982 Year-2018 Thana- SITAMARHI District- Sitamarhi
======================================================
Shyambabu Kumar, aged about 28 years, Male, S/o Late Baikunth Mahto,
resident of Village- Karnahiya, P.S.- Punaura, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Sitamarhi PS Case No.982 of 2018 dated 21.10.2018, instituted
for the offence punishable under Sections 147, 148, 149, 336,
337, 338, 353, 296, 295-A, 153-A, 505, 324, 326, 302, 201 of
the Indian Penal Code.
3. The prosecution case, in brief, is that on the alleged
date of occurrence, on the occasion of immersion of idol Godess
Durga, the members of Kali Puja Samiti along with 1000-1500
persons having lathi, danda, bhala, farsa and sword in their
hands proceeded towards Muralia Chak. They were raising
communal slogans. Suddenly, brick batting started between two
communities. The police force arrived there and tried to pacify
Patna High Court CR. MISC. No.3031 of 2026(3) dt.23-02-2026
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the processionists but of no effect. Thereafter, other
processionists also arrived raising slogans. The miscreants set
fire in a cart and looted away the articles from a shop. They also
brick batted on the police party. The police found a half burnt
body of a person.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. FIR has been lodged against
74 named persons and 1000-1500 unknown persons. During
investigation, name of the petitioner came on the basis of
disclosure made by local chaukidar. The petitioner had no
knowledge about the present case and he came to know about
the same when the process under Section 82 of the Code of
Criminal Procedure was started. There is nothing specific
against the petitioner. Further submission is that some of the
similarly situated co-accused have been granted bail by a co-
ordinate Bench of this Court and even some of the co-accused
have been granted anticipatory bail by the lower court itself.
Lastly, it is submitted that the petitioner is in custody since
15.09.2025 having no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
Patna High Court CR. MISC. No.3031 of 2026(3) dt.23-02-2026
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the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the CJM, Sitamarhi, in Sitamarhi PS
Case No.982 of 2018, subject to the conditions (i) that the
petitioner shall co-operate in the trial and shall be properly
represented on each and every date fixed by the Court and on
his absence on two consecutive dates without sufficient reason,
his bail bond shall be cancelled by the Court below, (ii) that one
of the bailors will be his own blood relation, preferably father,
mother, brother, sister and or his wife, (iii) that the bailor shall
also state on affidavit that he will inform the court concerned if
the petitioner is made accused in any other case of similar
nature after his release in the present case and thereafter the
court below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse, and (iv) that 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.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U
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