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Patna High Court

Shyam Sundar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioner's application for regular bail.

Summary

Shyam Sundar Kumar was arrested in connection with an assault case (PS Case No. 350 of 2024) alleging grievous injury under several sections of the Bharatiya Nyaya Sanhita, 2023. He had been in custody since 21 August 2024 and filed an application for regular bail, claiming innocence. The State opposed the bail on the seriousness of the charges. The High Court, after considering the facts, the period of custody, and the nature of the allegations, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount. The court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with assault causing grievous injury under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • regular bail
  • assault
  • grievous injury
  • Bharatiya Nyaya Sanhita
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36738 of 2026
                     Arising Out of PS. Case No.-350 Year-2024 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Shyam Sundar Kumar Son of Late Suraj Mahto Resident of Village - Lala
                 Tola Laukhan, P.S.- Ghorasahan, District - East Champaran, Motihari.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aman Kumar
                 For the Opposite Party/s :      Mr. Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-06-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Ghorasahan P.S. Case No. 350 of 2024 registered for the offence

                   under Section(s) 126(2), 115, 118(1), 117, 109, 118(2) and 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is alleged

                   to have assaulted the victim causing grievous injury.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 21.08.2024.

                                5. Learned A.P.P. for the State has vehemently

                   opposed the prayer for bail.
            Patna High Court CR. MISC. No.36738 of 2026(2) dt.30-06-2026
                                                        2/2




                                   6. Considering the aforesaid facts and circumstances

                      and the period of custody, this application for regular bail is

                      allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Ghorasahan P.S.

                      Case No. 350 of 2024.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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