Patna High Court
Shashi Bhushan Kumar Rai @ Bhubhan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Shashi Bhushan Kumar Rai, sought anticipatory bail fearing arrest in a case registered under IPC sections 147, 341, 504, 323, 325, 308 and 354(A)/34 relating to an alleged assault on an informant with an iron rod and lathi on 17 October 2022. The FIR names eight accused, but the petitioner’s counsel argued that the charge is vague and no specific overt act is attributed to him, noting that the injury report shows only a single, simple injury. The State opposed the bail application. The Court examined the nature of the allegations and, considering the circumstances, ordered that the petitioner be released on anticipatory bail provided he surrenders within eight weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with conditions under Section 482 of the B.N.S.S., 2023. The order effectively protects the petitioner from arrest pending further investigation.
Issues considered
- Whether the allegations in the FIR are sufficiently specific to deny anticipatory bail to the petitioner.
- Whether anticipatory bail can be granted under the circumstances despite the seriousness of the offences alleged.
- Whether the conditions imposed under Section 482 of the B.N.S.S., 2023 are appropriate for the grant of anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482
- Indian Penal Code — s. 147, 308, 323, 325, 341, 354(A), 504
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- Bihar
- criminal procedure
- vague allegations
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5592 of 2026
Arising Out of PS. Case No.-151 Year-2022 Thana- BISHANPUR District- Darbhanga
======================================================
Shashi Bhushan Kumar Rai @ Bhubhan Yadav S/o Late Baijnath Rai @
Baijnath Yadav R/o Village - Kamalpur, P.S - Bishanpur, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra
For the Opposite Party/s : Mr.Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 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 147, 341, 504, 323,
325, 308, 354(A)/34 of the Indian Penal Code.
3. As per F.I.R., on 17.10.2022, all named accused
persons including this petitioner abused and assaulted informant
with iron rod and Lathi, causing injury on the head of informant.
It is further alleged that when wife of informant came to save
him, she was abused and disrobed by accused persons.
4. Learned counsel for the petitioner submits that
allegation of assault is general and omnibus and no specific
overt act has alleged against this petitioner. As per F.I.R., 8
persons are alleged to have assaulted informant, but as per
injury report, only one injury has been found, caused by hard &
blunt object, which is simple in nature.
Patna High Court CR. MISC. No.5592 of 2026(2) dt.04-02-2026
2/2
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender within a period of eight weeks
from today, let 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
A.C.J.M. - IX, Darbhanga in connection with Bishanpur P.S.
Case No. 151 of 2022, 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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