Patna High Court
Sharwan Kumar @ Sharwan Singh @ Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with Section 482(2) conditions.
Summary
The petitioner, Sharwan Kumar, was accused of assaulting an informant and police officers during a disturbance involving a bus driver, conductor, and villagers, leading to charges under several sections of the Bihar Negotiable Statutes (B.N.S.). He sought anticipatory bail, arguing innocence and pointing to the grant of bail to co‑accused in similar cases. The State opposed, highlighting the petitioner’s involvement in other pending cases and the seriousness of the assault allegations. The Court examined the FIR, the circumstances of the altercation, and the precedent of bail granted to co‑accused. Considering the facts, the Court held that bail could be granted subject to verification of the petitioner’s criminal antecedents. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- The petitioner’s eligibility for anticipatory bail under Section 482(2) of the B.N.S.
- Whether the petitioner’s prior criminal antecedents warrant denial of bail
- The applicability of bail conditions in cases involving assault on police personnel
Legislation cited
- Bihar Negotiable Statutes (B.N.S.) — s. 109, 115(2), 126(2), 132, 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- criminal procedure
- Section 482
- bail conditions
- multiple charges
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36435 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Sharwan Kumar @ Sharwan Singh @ Pintu Kumar S/o Mahendra Singh @
Nagendra Singh R/o Village- Kauriya Sarniha Tola, PS- Bhagwanpur Hat,
District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Adcocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 27-05-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Bhagwanpur Hat P.S. Case No. 23 of 2026, for
allegedly having committed offence under Sections 132, 109,
126(2), 115(2), 352, 351(2) and 3(5) of the BNS.
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 while the informant was at T.O.P.
Malmaliya, he saw that some persons are assaulting a bus driver
and a conductor. When he reached near the place of occurrence
and tried to save the driver and conductor, the accused persons
named in the first information report, including the petitioner
Patna High Court CR. MISC. No.36435 of 2026(2) dt.27-05-2026
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and five-six unknown persons started abusing the informant and
threw him on the ground with an intention to kill him and
pressed his neck with a gamcha. They also assaulted the police
constable, who had gone with the informant with fists and leg.
4. The learned counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. An altercation took place between the driver, conductor
and the villagers. In the meantime, the police arrived and tried
to pacify the matter, however dispute arose in between the
parties. He further submits that similarly situated co-accused
namely Shailendra Singh @ Shailendra Kumar Singh, Bhim
Singh @ Ranjiv Kumar Singh and Shekhar Kumar Singh @
Vivky Kumar @ Vikee have been granted the privilege of
anticipatory bail by Hon’ble Single Judges of this Court vide
order dated 04.05.2026 and 06.05.2026 passed in Cr. Misc. No.
28186 of 2026 and Cr. Misc. No. 29858 of 2026 respectively.
He further submits that the petitioner has got two cases pending
against him, in which he is on bail.
5. Per contra, the learned APP for the State
vehemently opposes the prayer for bail of the petitioner and
submits that the petitioner is an accused in two other cases and
specific allegation of assault, upon the police personnel is there
Patna High Court CR. MISC. No.36435 of 2026(2) dt.27-05-2026
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against the petitioner and other co-accused.
6. Having heard the rival submissions and after
going through the records, it appears that the petitioner along
with other accused persons assaulted the informant and others.
There was an altercation between the driver, conductor and the
villagers and when the informant along with police party
reached there, an altercation took place in between the parties,
due to which the present first information report has been
lodged. Further, co-accused Shailendra Singh @ Shailendra
Kumar Singh and Bhim Singh @ Ranjiv Kumar Singh have
been granted the privilege of anticipatory bail by a learned
Coordinate Bench of this Court vide order dated 04.05.2026
passed in Cr. Misc. No. 28186 of 2026. Similarly, one another
co-accused namely Shekhar Kumar Singh @ Vicky Kumar @
Vikee has been granted the privilege of anticipatory bail by a
learned Coordinate Bench of this Court vide order dated
06.05.2026 passed in Cr. Misc. No. 29858 of 2026. Considering
the facts and circumstances of the case, let the petitioner, above
named, in the event of arrest or surrender within a period of six
weeks, 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 C.J.M, Siwan in
Patna High Court CR. MISC. No.36435 of 2026(2) dt.27-05-2026
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connection with Bhagwanpur Hat P.S. Case No. 23 of 2026,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S., with further condition:
(1) The learned Court concerned 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 steps 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.
(Ritesh Kumar, J)
Ajay/Mridula/-
U T
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