Created by Fuzzy Cloud

Patna High Court

Sharwan Kumar @ Sharwan Singh @ Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
                                            3/4




          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
                                                       4/4




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.