Patna High Court

Shiv Kumar Rawani @ Shiv KaharversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to both petitioners on the condition of a Rs.10,000 bond with two sureties each.

Summary

The petitioners, Shiv Kumar Rawani and Sharvan Kumar, applied for regular bail in a complaint case registered under sections 323, 341, 504 and 354 of the Indian Penal Code, alleging assault on the complainant's daughter. The prosecution alleged misbehaviour and assault, while the petitioners claimed false implication and highlighted their clean criminal record and five‑month pre‑trial custody. The State and the complainant opposed bail, emphasizing the specific allegations and supporting witness testimony. The court considered the seriousness of the allegations, the lack of prior convictions, and the prolonged custody, and decided to grant bail. Both petitioners were ordered to furnish a bail bond of Rs.10,000 with two sureties each, subject to the satisfaction of the Judicial Magistrate.

Issues considered

Whether regular bail should be granted to the petitioners accused under IPC sections 323, 341, 504 and 354.
Whether the absence of criminal antecedent and the length of pre‑trial detention justify bail despite the allegations.

Legislation cited

Indian Penal Code — s. 323, 341, 354, 504

Subjects

regular bail
Indian Penal Code
section 323
section 341
section 504
section 354
assault
criminal antecedent
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76262 of 2025
                    Arising Out of PS. Case No.-1726 Year-2022 Thana- BHOJPUR COMPLAINT CASE
                                                     District- Bhojpur
                 ======================================================
           1.     Shiv Kumar Rawani @ Shiv Kahar S/o Suryadeo Kahar @ Suryadeo
                  Rawani R/o Village- Bihta, P.S.- Imadpur, District- Bhojpur
           2.    Sharvan Kumar S/o Suryadeo Kahar @ Suryadeo Rawani R/o Village-
                 Bihta, P.S.- Imadpur, District- Bhojpur

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar
           2.    Jamuna Devi Wife of Subhag Mahto R/o Village- Bihta, P.S.- Imadpur,
                 District- Bhojpur

                                                                        ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Parijat Saurav, Advocate
                                               Mr. Ritesh Abhishek, Advocate
                 For the Opposite Party/s :    Mr. Sunil Kumar Pandey, APP
                                               Mr. Nagadeo Choubey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioners have preferred this application for

                   grant of regular bail in connection with Complaint Case no.1726

                   (C) of the 2022 registered under sections 323, 341, 504 and 354

                   of the Indian Penal Code.

                                 3. As per the prosecution case, the petitioners are said

                   to have misbehaved and of having assaulted the daughter of the

                   complainant.

                                 4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.76262 of 2025(3) dt.21-01-2026
                                            2/3




          petitioners have been falsely implicated in the case. The parties

          are neighbours. After enquiry in the learned Court below,

          cognizance has been taken under sections 354 and 504 of the

          Indian Penal Code, which are both triable, by a Magistrate. The

          petitioners have no criminal antecedent and are in custody since

          20.8.2025.

                       5. The application for bail is opposed by learned A.P.P

          for the State and learned counsel for the complainant/opposite

          party no.2. Learned counsel for the opposite party no.2 submits

          that there is direct and specific allegation against the petitioners

          of having misbehaved with the daughter of the informant. The

          same has been supported by the complainant and witnesses in

          course of enquiry. As such it is prayed that the prayer for bail be

          rejected.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegation against the petitioners in

          the complaint, the material that has transpired in course of

          enquiry, the petitioners being in custody for 5 months since

          20.8.2025 and not having any criminal antecedent, both the

          petitioners are directed to be enlarged on bail in connection with

          Complaint Case no.1726 (C) of the 2022 on each of them

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
             Patna High Court CR. MISC. No.76262 of 2025(3) dt.21-01-2026
                                                         3/3




                       two sureties of the like amount each to the satisfaction of the

                       learned Judicial Magistrate, 1st Class, Bhojpur, Ara.



                                                   (Partha Sarthy, J)
Shiv/-

U        T

Continue reading with your account

Checking your session…