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Patna High Court

Shiva KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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