Shankar SharmaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70514 of 2025
                   Arising Out of PS. Case No.-286 Year-2024 Thana- LALIT NARAYAN UNIVERSITY
                                                   District- Darbhanga
                 ======================================================
           1.     Shankar Sharma, S/o Late Shiv Nath Sharma,
           2.    Shivam Kumar @ Shivam Sharma, S/o Shankar Sharma,
                 Both are resident of village-Balu Ghat, Ward No. 06, P.S.-LNMU, Dist-
                 Darbhanga

                                                                             ... ... Petitioners
                                                    Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Shaishav Kumar, Advocate
                 For the Opposite Party/s :    Mr. Mritunjay Kumar Nirala, APP
                 For the Informant        :    Mr. Kumar Rajeev, Advocate
                                               Mr. Abhishek Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State duly

                   assisted by learned counsel appearing for the informant.

                                2. Both accused/petitioners seeks bail in connection

                   with University (LNMU) P.S. Case No.286 of 2024 registered

                   for the offences punishable under Sections 126(2), 115(2),

                   109, 74, 352, 351(2) read with 3(5) of the Bhartiya Nyaya

                   Sanhita, 2023 (for short ‘B.N.S.’).

                                3. The accused/petitioners are named in the FIR and

                   are in custody since 02.05.2025.

                                4. Allegation against petitioners is to assault the
Patna High Court CR. MISC. No.70514 of 2025(2) dt.05-02-2026
                                            2/4




          informant and other family members along with other co-

          accused persons, causing head and bodily injuries, which was

          made with intention to cause death. As per FIR, the

          occurrence took place out of trivial neighbourhood disputes

          arising out of issue of mobile theft.

                       5. It is submitted by learned counsel appearing for

          petitioners that as per FIR, the occurrence took place in two

          parts. As per first allegation, the son of informant namely,

          Pravesh      Kumar was assaulted by Sumit Kumar on

          10.10.2024 at about 4.00 pm by using iron pipe. It is

          submitted that the alleged assault was made on head

          whereafter, he becomes senseless and when the informant’s

          family members reported this matter to the family of Sumit

          Kumar, they also assaulted the informant and others. It is

          submitted that the allegation as to made physical assault is

          appearing very much general and omnibus in nature against

          petitioners, who are men of clean clean antecedent. While

          concluding argument, it is submitted that investigation of this

          case is already completed, for which, charge-sheet has

          submitted and, as such, there is no chance of tampering with
Patna High Court CR. MISC. No.70514 of 2025(2) dt.05-02-2026
                                            3/4




          the evidence.

                       6. Learned APP duly assisted by Mr. Kumar Rajeev,

          learned counsel appearing for informant while opposing the

          prayer of bail submitted that during the course of treatment,

          injured Pravesh Kumar was died but, he fairly conceded that

          he was assaulted specifically by Sumit Kumar, as submitted

          aforesaid.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as allegation of fatal assault is not

          available against petitioners rather they are facing general

          and omnibus allegation qua physical assault after the main

          occurrence, coupled with the fact that investigation of this

          case is already completed, where petitioners remain in

          custody since 02.05.2025, accordingly, both petitioners,

          above-named, who are men of clean antecedent, are directed

          to be released on bail on furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of the learned Chief Judicial

          Magistrate, Darbhanga in connection with University (LNMU)

          P.S. Case No.286 of 2024, subject to the conditions as laid
           Patna High Court CR. MISC. No.70514 of 2025(2) dt.05-02-2026
                                                       4/4




                     down under Section 437(3) of the Code of Criminal Procedure

                     (for short ‘CrPC’)/under Section 480(3) of the Bhartiya

                     Nagrik Suraksha Sanhita (for short ‘BNSS’).


                                                      (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T