Patna High Court
Shyam Sundar @ Munna @ Shyam Sundr VarmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Shyam Sundar, the petitioner, was charged under several sections of the Bihar National Security Act, 2023 for allegedly assaulting officials of the Electricity Department during an inspection of his industrial premises on 4 August 2025. The officials were recording the inspection when the petitioner allegedly seized a mobile phone and a gold ring, and attacked them and other members of the raiding party with sticks, causing injuries. The petitioner claimed he was falsely implicated, asserting that a separate private dispute on the same day led to his assault and that the FIR was filed late. He also argued that he had a criminal antecedent under the Arms Act, but sought anticipatory bail. The court, considering the seriousness of the alleged assault, the injuries to public officials, and the petitioner’s prior criminal record, declined to grant anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged assault on public officials and the nature of the offences under the Bihar National Security Act, 2023.
- Whether the petitioner’s prior criminal antecedent under the Arms Act precludes the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- assault on public officials
- electricity theft
- criminal force
- Arms Act
- Bihar National Security Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85592 of 2025
Arising Out of PS. Case No.-309 Year-2025 Thana- GURUA District- Gaya
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Shyam Sundar @ Munna @ Shyam Sundr Varma S/O Shiv Ram Singh
Resident of vill-Sherpur, PS- Gurua Dist- Gaya (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adarsh Singh
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 19-03-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Gurua P.S. Case No. 309 of 2025 dated 05.08.2025 registered
for the offence under Section 127(1), 115(2), 132, 109, 303(2),
3(5) of the B.N.S. 2023.
3. As per the prosecution case on 04.08.2025 at about 7:20
P.M. the raiding party of the Electricity Department reached at
the industrial premises of Shyamsundar @ Munna (i.e.
petitioner) for inspection where they were stealing electricity by
directly connecting a hook to all the three phases of the low
voltage table. When the raiding party was videographing
through mobile during inspection, the petitioner snatched the
mobile phone and gold ring of Assistant Electrical Engineer,
Sherghati and the petitioner’s son Raushan Kumar and the
Patna High Court CR. MISC. No.85592 of 2025(4) dt.19-03-2026
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petitioner abused and attacked them with sticks. The informant
who is Junior Engineer also suffered injury on his head and
Assistant Electrical Engineer Mritunjay Kumar was hit with
sticks on his left leg and left hand and one Mantosh Kumar who
was assisting the raiding party was also hit with sticks and lathi
due to which he sustained injury on his left finger.
4. Learned counsel for the petitioner submits that petitioner
has falsely been implicated in this case on the basis of a dispute
with a private party with whom there was a scuffle on the same
date of occurrence i.e. 04.08.2025 in which the petitioner was
assaulted by the accused persons, who are other than the
officials of the Electricity Department. The fardbyan of the
petitioner was recorded in the hospital on 06.08.2025, however,
formal F.I.R. was registered after delay on 17.08.2025. It has
further been submitted that another F.I.R. has also been lodged
against the petitioner for theft of electricity at the behest of
private party stating that petitioner in his industrial premises
was indulged in theft of electricity for which South Bihar Power
Distribution Company has incurred loss of Rs. 7,05,337 /-
5. Considering the nature of allegation and the fact that
petitioner along with others used criminal force against the
Officials who arrived in his industrial premises for inspection on
Patna High Court CR. MISC. No.85592 of 2025(4) dt.19-03-2026
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information that the petitioner was indulged in theft of
electricity and the Officials have also sustained injury and the
petitioner is having criminal antecedent under the Arms Act
also, accordingly, I am not inclined to grant anticipatory bail to
the petitioner. The same is rejected.
(Anil Kumar Sinha, J)
praful/-
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