Patna High Court
Sheo Kumar @ Shiv KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Sheo Kumar, was arrested in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant with a knife, resulting in a cut nose. He contends that the injury was caused when the informant fell on a sharp iron gate during a monetary dispute, not by a knife, and asserts that he has no prior criminal record. The petitioner applied for bail, arguing false implication and willingness to cooperate with the investigation. The State opposed the bail application. After considering the facts and the petitioner's claim that the injury was not life‑threatening, the court granted bail subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87406 of 2025
Arising Out of PS. Case No.-1089 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Sheo Kumar @ Shiv Kumar Son of Doman Yadav R/o Village - Irki, P.S. -
Jahanabad, P.S. - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 118(1), 109, 352,
351(2), and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the petitioner and 3-4
unknown persons abused and assaulted the informant and his
brother. Allegation against the petitioner is that he inflicted knife
blow upon the informant due to which his nose was cut.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to ulterior motive.
Further submission is that petitioner and informant are cousin
brothers. As a matter of fact, some money of the petitioner was
due upon the informant and when petitioner demanded his due
money, some altercation took place between them near the gate
of government school and in altercation, informant fell down on
Patna High Court CR. MISC. No.87406 of 2025(2) dt.12-01-2026
2/2
the sharp edge iron gate of the school due to which, he sustained
injury on his nose. Although, it is stated that the injury caused to
informant is grievous in nature but the same is not dangerous to
life. The injury report shows that the said injury caused by hard
blunt object and a sharp blunt object and it is not by the knife as
alleged. Petitioner has got no criminal antecedent and he
undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioner be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Jehanabad in connection with Jehanabad P.S. Case
No. 1089 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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