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Patna High Court

Shivsant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no prima facie case of assault against him and invoking Section 482(2) of the CrPC.

Summary

The petitioner, Shivsant Kumar, was named in an FIR for multiple offences including assault and kidnapping under various sections of the Bihar Penal Code. He claimed that the alleged physical assault was actually directed at co‑accused and that he merely inquired about his kidnapped niece, with medical evidence showing only minor injuries. The prosecution opposed bail, but the court noted the lack of prima facie evidence of assault against the petitioner and the simple nature of the injuries. Relying on Section 482(2) of the Criminal Procedure Code, the court ordered his release on bail subject to a bond of Rs.10,000 with two sureties. The bail was conditioned on his surrender within four weeks and compliance with the lower court’s directives.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR for multiple offences
  • Whether the prima facie evidence of assault against the petitioner is sufficient to deny bail
  • Whether Section 482(2) of the Criminal Procedure Code permits the grant of bail in the present circumstances

Legislation cited

Subjects

  • bail
  • prima facie
  • assault
  • kidnapping
  • medical examination
  • sureties
  • CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39300 of 2026
                     Arising Out of PS. Case No.-18 Year-2026 Thana- DEOKUND District- Aurangabad
                 ======================================================
                 Shivsant Kumar S/o Jitendra Yadav @ Jitendra Kumar R/o Vill- Dular Bigha,
                 P.S.- Deokund, Distt- Aurangabad, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amrit Lal
                 For the Opposite Party/s :       Mr.Md. Ataur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   18-06-2026                      Heard the parties.

                                2.The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Deokund P.S.

                   Case No. 18 of 2026 registered for the offences

                   punishable under Sections 329(4), 126, 115(2), 352,

                   351(2), 74, 303(2), 109, 3(5) of BNS.

                                3. Petitioner alleged to assault alongwith other

                   co-accused person to informant and his family members,

                   where occurrence alleged to be arising out of kidnapping

                   of niece of the petitioner.

                                4. It is submitted by learned counsel appearing

                   on behalf of the petitioner that allegation of causing
Patna High Court CR. MISC. No.39300 of 2026(2) dt.18-06-2026
                                            2/3




          physical assault is not available against this petitioner

          rather same is available against other co-accused

          persons. Petitioner simple asked about the whereabout

          of his niece, who was kidnapped by son of the

          informant. It is submitted that upon medical examination

          nature of injury found simple. Explaining criminal

          antecedent, it is submitted that petitioner found involved

          in two more criminal cases, where in one of the case

          i.e., Deokund P.S. Case No. 56 of 2025, police after

          investigation submitted final form, whereas second case

          i.e., Deokund P.S. Case No. 17 of 2026, was lodged

          only after lodging of the present case, where he is on

          bail.

                       5. Learned APP opposes the prayer of bail.

                       6. In view of aforesaid factual submission and

          by taking note of fact as prima-facie allegation of

          physical assault is not available against petitioner and

          moreover, nature of injury upon medical examination

          found simple in nature, accordingly petitioner above-
              Patna High Court CR. MISC. No.39300 of 2026(2) dt.18-06-2026
                                                          3/3




                        named, in the event of his arrest or surrender before the

                        court below within a period of four weeks, is directed to

                        be released on bail, furnishing bail bond of Rs. 10,000/-

                        (Rupees Ten Thousand) with two sureties of the like

                        amount each to the satisfaction of the learned JMFC,

                        Daudnagar, Aurangabad /concerned Court, where the

                        case is pending in connection with Deokund P.S. Case

                        No. 18 of 2026, subject to the conditions as laid down

                        under Section 482(2) of BNSS.



                                                                   (Chandra Shekhar Jha, J)
Sudha/-

U         T


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