Patna High Court

Shahansa @ ShahansahversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner subject to a bond of Rs 15,000, two sureties, and conditions of family surety and mandatory appearance at each trial date.

Summary

The petitioner, Shahansa, was arrested in connection with a Pothia police case alleging assault on the husband of an informant using an iron rod, under Sections 126(2), 115(2), 117(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution contended that Shahansa, along with co‑accused, inflicted serious injuries, while the petitioner claimed innocence, stating no incriminating material was found in his possession and that he has no prior criminal record. The petitioner had been in custody since 12‑08‑2025, whereas a co‑accused had already been granted bail. The State opposed the bail application, emphasizing the gravity of the offences. After considering the facts, the period of custody already served, and the petitioner’s clean antecedent, the Court inclined to grant bail, imposing a bond of Rs 15,000 with two sureties and conditions of family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the petitioner accused of offences under the Bharatiya Nyaya Sanhita, 2023, considering the seriousness of the alleged assault and the period of custody already undergone.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 126(2), 3(5), 352

Subjects

bail
assault
Bharatiya Nyaya Sanhita
criminal procedure
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77840 of 2025
                      Arising Out of PS. Case No.-9 Year-2025 Thana- POTHIYA District- Kishanganj
                 ======================================================
                 Shahansa @ Shahansah S/o Sabir Alam R/o Village- Chichuawari Ward
                 No.09, P.S- Pothia, Dist- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   06-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Pothia P.S.

                   Case No. 09 of 2025, instituted for the offences punishable

                   under Sections 126(2), 115(2), 117(2), 352 & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                           3. The prosecution case, in short, is that, husband of the

                   informant was attacked by the petitioner along with other co-

                   accused persons, hit him on the head with an iron rod, choked

                   and beaten by the accused persons.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.77840 of 2025(3) dt.06-02-2026
                                            2/3




          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submits that the informant and petitioner are

          co-villagers. It is further submitted that the allegation levelled

          against the petitioner is of assault upon the husband of the

          informant by means of iron rod. The petitioner is in custody

          since 12.08.2025 and has got no criminal antecedent. Other co-

          accused has been granted bail by this Court vide order dated

          16.06.2025, passed in Cr. Misc. No. 36205 of 2025.

                  5. Learned APP for the State has vehemently opposed the

          prayer for grant of bail to the petitioner.

                  6. Considering the aforesaid facts and circumstances of

          the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                  7. Let the petitioner be released on bail on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Pothia P.S. Case No.

          09 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.77840 of 2025(3) dt.06-02-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

Continue reading with your account

Checking your session…