Patna High Court
Shiva KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to conditions.
Summary
The petitioners, Shiva Kumar, Rajan Kumar and Gautam Kumar, applied for anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant. The FIR names six accused, including the petitioners, and 10‑15 unknown persons for a brutal head assault, but the petitioners contend they are innocent and that the allegation is vague and the injuries were minor. The State opposed the bail, arguing the seriousness of the offences. The Court examined the nature of the accusation and the simplicity of the injuries, finding insufficient basis to deny bail. Consequently, the Court granted anticipatory bail, directing the petitioners to surrender within eight weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging assault under multiple sections of the Bharatiya Nyaya Sanhita
- Whether the allegations and nature of injuries are sufficient to justify denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(1), 126(2), 303(2), 3(5), 351(2), 351(3)
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85971 of 2025
Arising Out of PS. Case No.-299 Year-2025 Thana- TEKARI District- Gaya
======================================================
1. Shiva Kumar S/O Baiju Bind Resident of Beldar Tola, Budhwa Mahadev
Asthan, P.S. Tekari, District - Gaya
2. Rajan Kumar Son of Karan Kumar Boss @ Karan Kumar Bos @ Boss
Kumar Resident of - Beldar Tola, Budhwa Mahadev Asthan, P.S. - Tekari,
District - Gaya
3. Gautam Kumar Son of Jitu Bind Resident of - Beldar Tola, Budhwa
Mahadev Asthan, P.S. - Tekari, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Kumar, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(1), 126(2), 115(2),
109, 303(2), 351(2), 351(3), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., six named accused persons, including
these petitioners and 10-15 unknown persons brutally assaulted
informant on his head.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.85971 of 2025(2) dt.07-01-2026
2/2
Allegation of assault is general and omnibus. It is further
submitted that though there is allegation that six named and 10-
15 unknown persons assaulted informant but injuries sustained
by the informant are simple in nature, which itself raises doubt
over veracity of the prosecution case.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and injuries,
this anticipatory bail is allowed and it is ordered that let the
above named petitioners in the event of their arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate VI, Gayaji in connection with Tekari P. S. Case No.
299 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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