Shankar Dayal Kumar@Bangat Sharma@Shankar Dayal @ Shankar Dayal Sharma@Bangar Sharma@ BangatversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73454 of 2025
                        Arising Out of PS. Case No.-77 Year-2022 Thana- GHOSI District- Jehanabad
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                 Shankar Dayal Kumar@Bangat Sharma@Shankar Dayal @ Shankar Dayal
                 Sharma@Bangar Sharma@ Bangat Son of Late Ramashish Singh Resident of
                 Village- Sonawan PS -Ghosi District- Jehanabad

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Singh, Adv.
                 For the Opposite Party/s :        Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   11-02-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Ghosi P.S. Case No. 77 of 2022, registered for the offences

                   punishable under Sections 384, 379, 325, 323, 341, 504 and

                   506/34 of the Indian Penal Code.

                                3. This is the second attempt made on behalf of the

                   petitioner, as earlier the prayer for pre-arrest bail of the

                   petitioner came to be negated by a Bench of this Court on

                   27.03.2023 in Cr. Misc. No. 73712 of 2022. Aggrieved, the

                   petitioner preferred Special Leave to Appeal (Crl.) No. 8645 of

                   2023 and the Hon’ble Supreme Court having taken note of the

                   allegation and the materials available on record directed the
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          petitioner to ensure his appearance before the Investigating

          Officer and also to surrender his mobile phone for

          examination/verification. Further the State of Bihar has filed a

          counter affidavit before the Hon’ble Supreme Court stating

          therein that the appellant-petitioner herein had submitted his

          mobile phone and examination/verification of the mobile phone

          was undertaken. However, the allegation against the appellant-

          petitioner have been found to be untrue and charge-sheet has

          been submitted only against two of the persons excluding the

          petitioner.

                        4. Referring to the aforesaid facts, it is submitted that

          since at that point of time, the petitioner was not sent up for trial

          and, therefore, in the aforesaid background the appeal came to

          be disposed off. However, after disposal of the aforenoted

          criminal appeal, the learned jurisdictional Court differing with

          the final report has taken cognizance of the offences alleged

          even against the petitioner. Hence, the present application for

          grant of anticipatory bail in changed circumstances.

                        5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that once the

          prayer for bail of the petitioner stood rejected on earlier

          occasion, the second anticipatory bail is not maintainable.

                        6. Having considered the submissions advanced by
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                      learned Advocate for the respective parties and taking note of

                      the fact that the present anticipatory bail has been filed in a

                      changed circumstances, as initially during the course of

                      investigation, no materials have been collected against the

                      petitioner suggesting his complicity, resulting into submissions

                      of final report and the petitioner was not even sent up for trial,

                      however,       differing     with       the   final   report,   the   learned

                      jurisdictional Court has taken cognizance for the offences

                      alleged, this Court finds that it is a fit case for anticipatory bail;

                      let the petitioner above named be released on bail, in the event

                      of his arrest or surrender before the court below within a period

                      of four weeks from the date of receipt/production of a copy of

                      this order, upon furnishing bail bonds of Rs.10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Chief Judicial Magistrate, Jehanabad

                      in connection with Ghosi P.S. Case No. 77 of 2022, subject to

                      the conditions laid down in Section 482(2) of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023 with the further condition that

                      one of the bailors shall be the own/close family members of the

                      petitioner.


                                                  (Harish Kumar, J)
shivank/-

U      T