Patna High Court
Shankar Dayal Singh @ Shankar Dayal KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The bail application is allowed, and the petitioner is to be released on bail subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioner, Shankar Dayal Singh, feared arrest in a criminal case (Dhansoi P.S. Case No. 34 of 2025) alleging assault under several sections of the BNS, 2023. The prosecution alleged that the accused assaulted the victim, while the petitioner contended that he was falsely implicated and that the allegations were general and omnibus. The petitioner applied for bail, arguing innocence and lack of specific evidence. The High Court examined whether the allegations justified denial of bail and considered the provisions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The Court allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to the statutory conditions. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) CrPC in view of the alleged assault charges.
- Whether the general and omnibus nature of the allegations precludes the grant of bail.
- Whether Section 482 of the BNSS authorises the lower court to release the petitioner on bail.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 329(3), 3(5)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- criminal procedure
- Section 438 CrPC
- Section 482 BNSS
- assault
- false implication
- High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34384 of 2026
Arising Out of PS. Case No.-34 Year-2025 Thana- DHANSOI District- Buxar
======================================================
Shankar Dayal Singh @ Shankar Dayal Kushwaha S/o Late Jugal Kushwaha
Resident of Village- Gogahi @ Gogari, P.S.- Dhansoi, Dist.- Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr.Kamal Deo Sharma
For the Opposite Party/s : Mr.Md. Shakir Ahmad
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehend his arrest in connection
with Dhansoi P.S. Case No. 34 of 2025 registered for the
offence under Sections 126(2), 115(2), 117(2), 109, 329(3),
303(2), 3(5) of the BNS, 2023.
3. As per the prosecution case, the accused persons
are said to have assaulted the victim.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that there is general and omnibus
allegation of assault against the petitioner.
5. Considering the allegation against the petitioner,
Patna High Court CR. MISC. No.34384 of 2026(2) dt.03-07-2026
2/2
this application is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 Chief Judicial
Magistrate, Buxar/concerned Court below in connection with
Dhansoi P.S. Case No. 34 of 2025, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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