Patna High Court
Shravan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Shravan Kumar, sought anticipatory bail in a case (Rajgir Police Station Case No. 504 of 2025) alleging offences under several sections of the Bhartiya Nyaya Sanhita, 2023, including assault and grievous injury. The FIR alleged that the petitioner assaulted an informant with a sword and other sharp weapons after a dispute over gas dues, while the petitioner contended that the injuries were caused by blunt objects and that he was falsely implicated. The petitioner’s counsel argued that the case arose from a petty commercial dispute and that the alleged use of sharp weapons was inconsistent with the nature of the injuries. The court examined the factual matrix, noting the discrepancy between the alleged weapon and the simple blunt injuries, and considered the petitioner's claim of innocence. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond and sureties within four weeks, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 281, 303(2), 3(5), 352
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- assault
- false accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89190 of 2025
Arising Out of PS. Case No.-504 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
Shravan Kumar Son of Ramashray Singh R/o Village - Konipar, P.O. - Bindi
Dih, P.S. - Silao, Dist. - Nalanda, Bihar, 803109.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sintu Kumar Son of Kedar Yadav R/o Village - Konipar, P.O. - Bindi Dih,
P.S. - Silao, Dist. - Nalanda, Bihar, 803109.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shiv Pratap
For the Opposite Party/s : Mr.Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Rajgir Police Station Case No. 504 of 2025, dated
25.08.2025, disclosing offences punishable under
Sections 281/126(2)/115(2)/117(2)/118(1)109 (1)/352/303
(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 24.08.2028, the informant went to the gas
godown of the petitioner and demanded his dues amount,
upon which the petitioner abused him and also assaulted
him. On 25.08.2025, while the informant was going for
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his work, and reached near the temple, a pick-up van
driven by co-accused Dharmendra Paswan, carrying gas
cylinders hit him and co-accused Pawan Kumar assaulted
him by means of sword, which hit him in his head. The
petitioner assaulted the informant by means of chapar on
his head and co-accused Tripuri assaulted him by means
of rod.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this false case due to petty dispute of lifting of gas
inasmuch as the petitioner is the owner of the gas
godown. He further submits that the injuries sustained by
the informant is simple in nature, caused by hard and
blunt substance; whereas the allegation in the First
Information Report is assault by means of sharp cutting
weapon, like sword and chapar.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the genesis of
occurrence and the fact that the informant has sustained
simple injuries caused by hard and blunt substance,
though the allegation in the First Information Report is of
assault by means of sharp cutting weapon, I am inclined
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to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Biharsharif, at Nalanda, in
connection with Rajgir Police Station Case No. 504 of
2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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