Patna High Court
Shyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Shyam Kumar, sought anticipatory bail after being implicated in a case (Barhiya P.S. Case No. 219 of 2025) for alleged assault and theft of Rs. 11,000, with charges under several sections of the B.N.S. The prosecution’s case is based on a written report by an informant claiming the petitioner was among ten accused who assaulted the informant with blunt weapons. The petitioner denied involvement, highlighted a clean criminal record, and pointed out that co-accused had already been granted anticipatory bail. The State opposed the bail. Considering the petitioner’s clean antecedent and the precedent of bail to co-accused, the court granted anticipatory bail subject to a Rs. 10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the serious nature of the alleged offences.
- Whether the petitioner’s clean criminal antecedent and the grant of anticipatory bail to co‑accused justify the relief.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- B.N.S. — s. 109(1), 115, 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- clean antecedent
- assault
- theft
- B.N.S.
- Section 438
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34278 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- BARHIYA District- Lakhisarai
======================================================
Shyam Kumar S/o Sanjay Mochi Resident of Village- Khuthadih, P.S.-
Barhaiya, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Prasad, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 19-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Barhiya P.S. Case No. 219 of 2025 registered for the
offences punishable under sections 126(2), 115, 109(1), 303(2),
352, 351(2) and 3(5) of the B.N.S.
3. As per the prosecution story which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 20.10.2025 at about 11.00 P.M., when the
informant along with co-villager Ramayan Kumar reached his
house, 10 named accused persons including the petitioner herein
and 8-10 unknown persons, brutally assaulted the informant
with lathi, danda etc. The petitioner is alleged to have snatched
Rs. 11,000/- from possession of the informant.
Patna High Court CR. MISC. No.34278 of 2026(2) dt.19-05-2026
2/3
4. The learned counsel for the petitioner submits that
petitioner is innocent and no such occurrence has taken place.
He further submits that from perusal of the injury report of Sonu
Kumar and Ramayan Kumar, it appears that weapon used was
hard and blunt substance and the opinion has been kept
reserved. He further submits that co-accused persons namely,
Amarjeet Kumar and Bunti Kumar @ Banti Kumar have already
been granted the privilege of anticipatory bail by a Hon’ble
Single Judge of this court vide order dated 29.04.2026 passed in
Cr. Misc. No. 27540 of 2026. He further submits that petitioner
has got clean antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail of the petitioner.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that petitioner
along with ten accused persons has been made accused in this
case and the allegation against this petitioner is of snatching Rs.
11,000/- from the pocket of the informant. The allegation of
assault is general and omnibus against all the accused persons.
Co-accused Amarjeet Kumar and Bunti Kumar @ Banti Kumar
have been granted anticipatory bail vide order dated 29.04.2026
passed in Cr. Misc. No. 27540 of 2026. The petitioner has got
Patna High Court CR. MISC. No.34278 of 2026(2) dt.19-05-2026
3/3
clean antecedent. Considering the same, let the above named
petitioner, in the event of arrest/surrender within a period of six
weeks, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Lakhisarai in connection with Barhiya P.S. Case No. 219 of
2025, subject to conditions as laid down under Section 438(2) of
the Code of Criminal Procedure/ 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 with further condition:
(i) The trial court shall verify the criminal antecedent
of the petitioner and in case at any stage it is found that the
petitioner has concealed his criminal antecedents, the court
concerned shall take step for cancellation of bail bonds 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.
(Ritesh Kumar, J)
vinita/-
U T
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