Patna High Court
Shashi Kant @ Srikant @ Srikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to cash bond and surety conditions, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Shashi Kant, sought anticipatory bail fearing arrest in a case arising from a violent clash at Athmalgola Railway Station involving stone‑pelting, assault and gunfire. The prosecution alleged his involvement in offences under the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the Railway Act. The petitioner contended that his name was mentioned only on the basis of disclosures by co‑accused, that no specific overt act was alleged against him, and that there was no material linking him to the crime. The State opposed the bail, arguing the seriousness of the offences. The Court examined whether the material was sufficient to justify arrest and whether anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. Finding the allegations vague and the petitioner having no criminal antecedent, the Court granted anticipatory bail subject to a cash bond and sureties, imposing standard conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the absence of specific material linking him to the alleged offences.
- Whether the allegations constitute sufficient grounds for arrest under the Bharatiya Nyaya Sanhita, 2023.
- Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 permits the grant of anticipatory bail in the present circumstances.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 125, 126(2), 191(1), 191(2), 3(5), 352
- Railway Act — s. 145, 147
Subjects
- anticipatory bail
- false implication
- violent clash
- railway station
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- Arms Act
- Railway Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89236 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- BARH RAIL P.S. District- Patna
======================================================
Shashi Kant @ Srikant @ Srikant Kumar Son of Late Arun Rai Resident of
Village - Dakshini Chak, Police Station - Athmalgola in the Dist. of Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection with
G.R.P. Barh P.S. Case No. 5 of 2025 instituted for the offences
under Sections 191(1), 191(2), 126(2), 115(2), 125, 352, 3(5) of
the Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act
and Sections 145, 147 of the Railway Act.
3. Prosecution case, in short, is that, a violent clash
involving stone pelting, physical assault and gunfire broke out
between two groups at Athmalgola Railway Station over a
dispute in which 15-20 individuals were involved. It is further
alleged that four accused persons were also arrested by the
police.
Patna High Court CR. MISC. No.89236 of 2025(2) dt.16-01-2026
2/3
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. The
name of the petitioner transpired in this case on the basis of
disclosure made the apprehended accused persons. Learned
counsel for the petitioner submitted that general and omnibus
allegation has been made against the petitioner. No specific
overt act is alleged against the petitioner. Learned counsel
further submitted that, as a matter of fact, petitioner is being
dragged in this case merely on the basis of suspicion and there is
no cogent material to prove the involvement of the petitioner in
the alleged offence. It has been submitted on behalf of the
petitioner that the petitioner has no criminal antecedent. The co-
accused person has already been granted anticipatory bail by
this Court vide order dated 25.07.2025 passed in Cr. Misc. No.
51208 of 2025.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two
Patna High Court CR. MISC. No.89236 of 2025(2) dt.16-01-2026
3/3
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with G.R.P. Barh P.S.
Case No. 5 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…