Patna High Court
Shiv Shankar Sah @ Shiv Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to prescribed conditions, under Section 438 CrPC read with Section 482 B.N.S.S.
Summary
The petitioner, Shiv Shankar Sah, sought anticipatory bail fearing arrest in a case (Sadar P.S. No.1030/2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and theft. The prosecution alleged that the petitioner, armed with a lathi, danda and farsa, assaulted the informant’s son and stole cash and a gold chain. The petitioner contended that he was falsely implicated due to a boundary dispute, that he has no criminal antecedent, and that his father, a co‑accused, had already been granted anticipatory bail. The State opposed the relief, arguing the seriousness of the allegations. The court, after considering the submissions and noting the father’s bail and the petitioner’s clean record, granted anticipatory bail for four weeks subject to a cash bond, sureties and specific conditions under Section 438 of the CrPC read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita. The order emphasized that the bail conditions could be cancelled for non‑compliance and that the observations would not affect the trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the Code of Criminal Procedure, 1973 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
- Whether the petitioner’s claim of false implication and lack of criminal antecedent justify the grant of anticipatory bail.
- What conditions, if any, should be imposed on the anticipatory bail to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false implication
- assault
- theft
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33415 of 2026
Arising Out of PS. Case No.-1030 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Shiv Shankar Sah @ Shiv Shankar Kumar, S/o Yogendra Sah, resident of
Village - Chousima, P.S. - Sadar, Dist. - Muzaffarpur, Bihar - 843113.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anmol Kumar, Adv.
Mr. Ram Kumar, Adv.
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State through virtual mode.
2. The petitioner is apprehending his/her arrest in
connection with Sadar P.S. Case No. 1030 of 2025 registered for
the offence(s) under Section(s) 126(2), 115(2), 118(1), 352,
351(2), 109, 74, 303(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 (B.N.S.).
3. The prosecution case, as made out by the
informant, is that the named accused persons including the
petitioner came armed with lathi, danda and farsa and started
abusing the informant. It has been alleged that the petitioner,
namely, Shiv Shankar Shah, along with one Ravi Shankar Shah,
Patna High Court CR. MISC. No.33415 of 2026(2) dt.18-05-2026
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assaulted the son of the informant, namely, Amit Kumar, by
means of a farsa on his head, as a result of which he sustained
cut injuries. It has further been alleged that all the accused
persons thereafter assaulted the informant, his wife and his son.
There is also an allegation that the accused persons took away
Rs. 51,000/- and a gold chain from the pocket of the informant.
5. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case with
general and omnibus allegations. It has been submitted that the
petitioner and the informant’s side are close agnates and due to a
boundary dispute, the alleged incident is said to have occurred.
It has further been submitted that for the same occurrence, case
and counter-case have been instituted between the parties and
both sides have sustained injuries. In fact, one of the accused
persons, namely, Yogendra Sah, the father of the petitioner,
sustained grievous injuries. It has further been submitted that the
alleged occurrence took place on 30.11.2025, i.e., after a delay
of three days. It has also been submitted that the specific
allegation of assault is against the son of the informant, namely,
Amit Kumar, who has admittedly sustained simple injuries.
5. It has been submitted on behalf of the petitioner
that co-accused, namely, Yogendra Sah, who is the father of the
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petitioner, has already been granted the privilege of anticipatory
bail by a Coordinate Bench of this Court vide order dated
13.05.2026 passed in Cr. Misc. No. 33125 of 2026. It has lastly
been submitted that the petitioner carries no criminal
antecedent.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
7. 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 his/her arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his/her furnishing bail bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the concerned Court/successor Court
where the case is pending in connection with Sadar P.S. Case
No. 1030 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioner shall be his/her
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close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present before
the concerned Court on each and every date of the trial and
shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions or
in violation of the terms of the bail, the bail bonds of the
petitioner will be liable to be cancelled by the concerned Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is found
that he/she has concealed his/her criminal antecedents, the
Court concerned shall take necessary steps for cancellation of
his/her bail bond. 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.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
9. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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