Patna High Court
Shankar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a bond, sureties, and surrender within eight weeks, under Section 482 of the B.N.S.S., 2023.
Summary
The petitioner, Shankar Ray, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita for allegedly assaulting an informant with an axe, causing only simple injuries. The State opposed the bail application. The court considered the nature and severity of the injury and the provisions of Section 482 of the B.N.S.S., 2023. It held that bail could be granted provided the petitioner surrenders within eight weeks and furnishes a bail bond of Rs.10,000 with two sureties of equal amount. The order was made subject to the conditions laid down under Section 482, thereby enlarging bail to the petitioner.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita.
- Whether Section 482 of the B.N.S.S., 2023 empowers the court to grant bail in the present circumstances.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352, 482, 74, 76
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bhartiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.472 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Shankar Ray Son of Ashok Ray Resident of Village - Bochaha, Ward no. 06,
P.S. - Mohiuddinnagar, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Shanker Singh
For the Opposite Party/s : Mr.Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 118(1),
109(1), 74, 76, 352, 351(2), 351(3) & 3(5) of the Bhartiya
Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of informant with Pagharia (axe). Doctor has found the injury
simple in nature.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
5. Considering the nature of injury, in the event of
arrest/surrender within a period of eight weeks from today, let
Patna High Court CR. MISC. No.472 of 2026(2) dt.21-01-2026
2/2
the above named petitioner be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned S.D.J.M.,
Sahapur Patory, District Samastipur in connection with
Mohiuddinnagar P.S. Case No. 145 of 2025, subject to condition
as laid down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay/-
U T
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