Patna High Court
Shoan Kumar @ Pravind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioner, Shoan Kumar, sought anticipatory bail in connection with a criminal case (PS No. 57 of 2026) where he was charged under several sections of the Bihar Negotiable Securities Act (BNSS) for alleged assault. The prosecution alleged that the petitioner assaulted the victim, while the petitioner claimed innocence and argued that the victim's injury was simple. The State opposed the bail, citing the seriousness of the charges. The court noted that the injury was indeed simple and, applying Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, allowed the anticipatory bail. The petitioner was directed to surrender within four weeks and furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the nature of the alleged offence and the simple injury to the victim
- Whether the court can exercise its inherent powers under Section 482 BNSS to release the petitioner on bail
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- simple injury
- criminal antecedents
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37152 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- SALIMPUR District- Patna
======================================================
Shoan Kumar @ Pravind Kumar Son of Sri Bijay Sharma Resident of
Village- Salimpur, P.S.- Salimpur, District- Salimpur, Pin Code.-803202.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rohit Mishra, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Salimpur P.S. Case No. 57 of 2026 registered
for the offence under Sections 115(2), 126(2), 109, 352, 351(2),
303(2) and 3(5) of B.N.S.
3. As per the prosecution case, petitioner is
accused of assaulting the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the injury
sustained by the victim is simple in nature. Petitioner has three
criminal antecedents.
5. Learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.37152 of 2026(2) dt.15-06-2026
2/2
for anticipatory bail of the petitioner.
6. Considering the fact that the injury sustained by
the victim is simple in nature, this application is allowed.
7. 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 Additional
Chief Judicial Magistrate 1st Class, Barh / concerned Court
below in connection with Salimpur P.S. Case No. 57 of 2026,
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)
tusharika/-
U T
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