Patna High Court
Shyam Sundar @ Munna @ Shyam Sundr Varma @ Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to a monetary bond, sureties and strict conditions under Section 438(2) of the CrPC.
Summary
The petitioners, Raushan Kumar Verma and Shyam Sundar, were arrested in connection with FIR No.310 of 2025 alleging assault with deadly weapons under Sections 109, 115(2), 126(2), 352 and 3(5) of the BNS, 2023. They applied for bail, claiming innocence and that the alleged injury to the informant was minor and stemmed from a petty electricity‑line dispute. The prosecution opposed bail, highlighting that Raushan has one prior conviction and Shyam has four prior convictions. The High Court, after considering the facts and the seriousness of the offences, granted bail on the condition of a Rs 10,000 bond with two sureties, subject to Section 438(2) of the CrPC and several compliance conditions, including cooperation with the trial and verification of criminal antecedents. The order also empowered the trial court to cancel bail if the petitioners tamper with evidence, witnesses, or conceal their antecedents.
Issues considered
- Whether bail should be granted to the accused despite the gravity of the offences under the BNS, 2023 and their prior criminal antecedents
- Whether the conditions imposed under Section 438(2) of the CrPC are sufficient to safeguard the trial process
Legislation cited
- BNS, 2023 — s. 109, 115(2), 126(2), 3(5), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal antecedent
- assault with deadly weapon
- Section 438 CrPC
- BNS 2023
- High Court of Patna
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4034 of 2026
Arising Out of PS. Case No.-310 Year-2025 Thana- GURUA District- Gaya
======================================================
Raushan Kumar Verma @ Raushan Kumar Son of Shyam Sundar @ Munna
@ Shyam Sundr Varma @ Shyam Sunder Verma Resident of Village - Bhurha
Gali, Gurua, P.S. - Gurua, District - Gaya (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 4448 of 2026
Arising Out of PS. Case No.-310 Year-2025 Thana- GURUA District- Gaya
======================================================
Shyam Sundar @ Munna @ Shyam Sundr Varma @ Munna Kumar Son of
Shiv Ram Singh Resident of Village - Sherpur, P.S. - Gurua, District - Gaya
(Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 4034 of 2026)
For the Petitioner/s : Mr. Adarsh Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
(In CRIMINAL MISCELLANEOUS No. 4448 of 2026)
For the Petitioner/s : Mr. Adarsh Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Adarsh Singh, learned counsel for the
petitioners and Mr. Rajendra Singh Shastri, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Gurua P.S. Case No. 310 of 2025, F.I.R. dated
05.08.2025 for the offences punishable under Sections 109,
115(2), 126(2), 352 and 3(5) of the BNS, 2023.
3. According to prosecution case, both these
petitioners armed with deadly weapon have brutally assaulted to
Patna High Court CR. MISC. No.4034 of 2026(2) dt.06-02-2026
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the informant and his son due to which they received injury.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. He further submits that the petitioners are
named in the F.I.R and both these petitioners along with with
other accused persons have assaulted to the other persons. He
further submits that the informant has received injury but the
said injury is simple in nature and due to some petty dispute
(Electricity line) the present occurrence has taken place.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners on the
ground that the petitioner, namely, Raushan Kumar Verma
carries one criminal antecedent and petitioner, namely, Shyam
Sundar carries four criminal antecedents other than the present
one.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, 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
J.M.1st Class, Gaya, Bihar in connection with Gurua P.S. Case
Patna High Court CR. MISC. No.4034 of 2026(2) dt.06-02-2026
3/3
No. 310 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure and with
other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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