Patna High Court
Sharwan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, and the petitioners were not granted bail.
Summary
The petitioners, Sharwan Kumar and Mantan Chandrabanshi, sought bail fearing arrest in a case (Konch P.S. Case No. 607 of 2022) that alleged their involvement in violent assaults causing head injuries to an informant and his two sons, and injuries to four persons. The prosecution charged them under IPC sections 147, 148, 149, 323, 307, 504, 506 and Section 27 of the Arms Act. The petitioners contended that the charges were based on a general and omnibus allegation rather than specific evidence against them. The court examined the seriousness of the alleged offences and the number of victims injured. Concluding that the allegations indicated participation in a serious crime, the court declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to the petitioners in light of the allegations under IPC and the Arms Act
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 504, 506
Subjects
- bail
- criminal procedure
- IPC
- Arms Act
- general and omnibus allegation
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88294 of 2025
Arising Out of PS. Case No.-607 Year-2022 Thana- KONCH District- Gaya
======================================================
1. Sharwan Kumar Son of Muneshwar Prasad @ Bhuneshwar Prasad Resident
of Village- Salempur, Ps- Goh, Dist- Aurangabad
2. Mantan Chandrabanshi @ Mantan Ram son of Sineshar Ram @ Tileshar
Ram Resident of Village- Singada, ps- Konch, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Sinha, Advocate
For the State : Mr.Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Konch P.S. Case No. 607 of 2022 instituted under
Sections 147, 148, 149,323, 307, 504 and 506 of the Indian
Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioners are
alleged to have caused head injury using weapons to the
informant and his two sons. Further, the accused persons are
said to have injured four persons.
4. Learned counsel for the petitioners submits that
there is general and omnibus allegation against them and two
Patna High Court CR. MISC. No.88294 of 2025(2) dt.15-01-2026
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persons have been assigned specific allegation.
5. Considering the fact that four persons are said to
have been injured and the petitioners are said to have
participated in the crime, I am not inclined to grant bail to the
petitioners.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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