Patna High Court
Shantanu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Shantanu Kumar was arrested on 2 December 2025 in connection with a case involving multiple offences under the Bharatiya Nyay Sanhita, 2023, including assault with a knife causing grievous injury. He applied for bail, arguing that he needed to appear for his intermediate annual examination on 2 February 2026 and claiming innocence, stating the FIR contained fabricated allegations. The prosecution opposed bail, citing a prior criminal antecedent and the seriousness of the charges. The court considered the petition, noting the earlier denial of anticipatory bail and the petitioner’s custody since December, and granted bail on a cash bond of Rs. 10,000 with two sureties, imposing conditions regarding court attendance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued without delay for verification, and the interim application was disposed of.
Issues considered
- Whether bail should be granted despite the seriousness of the offences and the grievous injury alleged.
- Whether the petitioner’s upcoming examination constitutes a sufficient ground for bail.
- Whether the petitioner’s prior criminal antecedent and alleged concealment affect the bail decision.
- Whether the earlier denial of anticipatory bail can be revisited in light of the current circumstances.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 351(2), 352
Subjects
- bail
- grievous injury
- anticipatory bail
- criminal antecedent
- intermediate examination
- Bharatiya Nyay Sanhita
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6582 of 2026
Arising Out of PS. Case No.-1 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Shantanu Kumar, Son of Virendra Ray, Resident of Village- Kerwa, P.S.-
Isuapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-01-2026 Heard Mr. Harish Kumar, learned counsel for the
petitioner as well as Mr. Satyendra Prasad, learned Additional
Public Prosecutor for the State.
2. Learned counsel for the petitioner submits that the
present case has been taken up on the basis of motion slip filed
on behalf of the petitioner on the ground that petitioner is going
to appear in intermediate annual examination, 2026 which is
scheduled to be held on 02.02.2026.
3. Petitioner seeks bail who is in custody since
02.12.2025 in connection with Isuapur P.S. Case No. 01 of
2025, F.I.R. dated 02.01.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1),109, 303(2), 351(2), 352 of the
Bharatiya Nyay Sanhita, 2023.
4. According to prosecution case, the informant
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alleged that when her son, namely, Bikesh Kumar Singh had
gone for running in the field of Kerwa Basic School, in the
meantime, the petitioner along with other accused persons
started abusing him and on objection assaulted him by means of
lathi, danda, rod and knife.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offences as alleged in the F.I.R. He further
submits that FIR is in two parts. In the first part, there are
general and omnibus allegations against all the accused persons,
including the petitioner. In the second part, there is a specific
allegation against the petitioner that he assaulted the son of the
informant by means of a knife, and he received injury and the
injury inflicted upon son of the informant is grievous is nature.
He further submits that earlier the anticipatory bail petition of
the petitioner was rejected by order dated 15.10.2025 in Cr.
Misc. No. 41992 of 2025 on the ground that injury inflicted
upon the son of the informant was grievous in nature however
the petitioner had no intention to kill the son of the informant
and there is no repetition of the occurrence and the petitioner is
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in custody since 02.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 Judicial
Magistrate-1st Class, Saran in connection with Isuapur P.S. Case
No. 01 of 2025, subject to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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
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verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
7. I.A. No. 01 of 2026 stands disposed of.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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