Patna High Court
Shrawan Kumar @ Shrawan LaheriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Shrawan Kumar, sought bail in a case (Sarmera P.S. Case No. 208 of 2025) alleging he attacked an informant with an axe, causing severe injuries including a severed ear. The prosecution relied on the informant’s claim and a medical report indicating a human bite that amputated the ear. The petitioner contended he was innocent, argued the injuries were minor, and highlighted inconsistencies in the injury report and lack of a prior complaint. The court considered the nature of the allegations, the charge sheet, the petitioner’s clean antecedent, and the length of his custody. Weighing these factors, the court granted bail with a bond of Rs.10,000 and specific conditions, invoking Section 480(3) of the BNSS. The order directed the petitioner to appear as required and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted in a case involving alleged assault with a deadly weapon and grievous injuries
- Whether the nature and extent of injuries, as reflected in medical reports, affect the bail decision
- Whether the petitioner’s clean antecedent and period of custody justify bail
- Application of Section 480(3) of the BNSS in granting bail
Legislation cited
Subjects
- bail
- assault
- grievous hurt
- Section 480
- BNS
- BNSS
- injury report
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90557 of 2025
Arising Out of PS. Case No.-208 Year-2025 Thana- SARMERA District- Nalanda
======================================================
Shrawan Kumar @ Shrawan Laheri Son of Jamuna Laheri R/o Village -
Ahiyapur, P.S. - Sarmera, Distt - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Maharaj, Adv.
For the Opposite Party/s : Mr.Zainul Abedin, APP
For the Informant : Mr. Bipin Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sarmera P.S. Case No. 208 of 2025, registered
for the offences under Sections 126(2), 115(2), 117(2), 109(1),
352 and 351(2) of the BNS.
3. As per the prosecution case, finding the photograph
of his daughter with the informant in the mobile phone of the
informant, the petitioner became highly agitated and attacked
the informant with axe causing fracture of his head. Thereafter
the petitioner put down the informant and severed his right ear
by biting it with his teeth.
4. Learned counsel appearing on behalf of the
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petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. No occurrence as alleged has
ever taken place. The informant of the present case is a person
of criminal bent of mind and he is an anti-social person who
tried to forcibly take away the daughter of the informant when
she has been sitting in her shop. The informant has also
manipulated the photographs and made them viral in order to
outrage the modesty of the daughter of the petitioner. The
informant himself assaulted the petitioner with bricks and
during scuffle he fell down and received injury on the counter
made of glass. The police did not register the complaint of the
petitioner and after instituting the FIR at the instance of the
informant, subsequently lodged the FIR on complaint of the
petitioner. Charge sheet has been submitted without any injury
report. Further the injury report subsequently brought on record
shows a simple and lacerated wound of size 2”x1/4” on the right
ear and a lacerated wound of size 1”x1/4”x1/4” SD on the left
side of the head. There is no injury of any sharp cutting weapon
and it falsifies the allegation that petitioner attacked the
informant with axe. Further the nature of injury is stated to be
simple. The petitioner is in custody since 04.09.2025 and he
bears clean antecedent.
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5. Learned APP appearing for the State and learned
counsel appearing on behalf of the informant vehemently
oppose the submission made on behalf of the petitioner. Learned
counsel for the informant submits that in the assault by the
petitioner, the right ear of the informant was severed. This fact
has been noted by the doctor of PMCH, Patna wherein it has
been mentioned that the a human bite causing amputation of
upper part of right ear has occurred and the informant was
referred for plastic surgery for ear reconstruction which shows
the severity of the injury.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of allegation, submission of charge sheet and period of
custody of the petitioner, the petitioner is directed to be released
on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned CJM, Nalanda/concerned court, in
connection with Sarmera P.S. Case No. 208 of 2025, subject to
the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
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(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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