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Patna High Court

Shantanu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.6582 of 2026(2) dt.31-01-2026
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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
Patna High Court CR. MISC. No.6582 of 2026(2) dt.31-01-2026
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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
            Patna High Court CR. MISC. No.6582 of 2026(2) dt.31-01-2026
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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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