Patna High Court
Shivsant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Penal Code — s. 109, 115(2), 126, 303(2), 329(4), 3(5), 351(2), 352, 74
- Criminal Procedure Code — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.