Patna High Court
Shashikant Kumar @ Shashi Kant RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Given the petitioner’s clean antecedent and the fact that the FIR chiefly implicates others, the court held that anticipatory bail is warranted under Section 482(2) of the B.N.S.S.
Summary
Shashikant Kumar applied for anticipatory bail in a case registered under several sections of the B.N.S., alleging that he was falsely implicated in violent offences allegedly committed by others. The petitioner asserted a clean antecedent and argued that the FIR primarily implicated Chandan, not him, and that the allegations of assault and disrobing were ornamental. The State opposed the bail, contending the seriousness of the charges. The Court examined the petitioner's clean record and the nature of the allegations, concluding that there was no likelihood of him absconding or tampering with evidence. Accordingly, the Court granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the allegations against him
- Whether the petitioner’s clean antecedent and the nature of the FIR justify the grant of bail
Legislation cited
Subjects
- anticipatory bail
- false implication
- clean antecedent
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84918 of 2025
Arising Out of PS. Case No.-1282 Year-2024 Thana- MAHUA District- Vaishali
======================================================
Shashikant Kumar @ Shashi Kant Rai Son of Shiv Sahankar Rai R/o Village-
Hasanpur Osti, P.S.- Mahua, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 191(2), 126(2), 115(2), 118(1), 109, 351, 352, 76,
303(2) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that accused persons came and on orders of
Shiv Shankar Rai, accused Chandan assaulted her husband by
sword causing injury on neck and head, thereafter Shiv Shankar
Rai assaulted Rahul by sword causing injury on finger and
petitioner dashed the informant on ground and disrobed her.
Further, Punam snatched Rs.7500/- from the pocket of her
Patna High Court CR. MISC. No.84918 of 2025(2) dt.18-02-2026
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husband.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that thrust of
the allegation is against Chandan, who is alleged to have
assaulted the husband of the informant on head and neck and he
got seven stitches. It is further submitted that petitioner is not
alleged to have assaulted either Rahul or the husband of the
informant. It is reiterated and submitted that petitioner is a
person with clean antecedent and is not a criminal and allegation
of dashing the informant and disrobing is ornamental in nature.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
opposes the anticipatory bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks, is
directed to be released on bail on his furnishing bail-bonds in
the sum of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/successor Court in
connection with Mahua P. S. Case No.1282 of 2024, subject to
Patna High Court CR. MISC. No.84918 of 2025(2) dt.18-02-2026
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the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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