Patna High Court
Shashi Bhushan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners under Section 438(2) of the Cr.P.C., subject to specified conditions.
Summary
The petitioners, Shashi Bhushan Prasad and his nephew Raushan Kumar, sought anticipatory bail in a criminal case (PS No. 592 of 2025) where they were accused of assaulting an informant and his son over a shop dispute. The informant alleged that the petitioners inflicted injuries with a hammer and a revolver butt, leading to an FIR under several IPC sections. The petitioners argued that medical reports classified the injuries as simple, they have no prior criminal record, and they are willing to pay Rs.10,000 to the informant as a goodwill gesture. The State opposed the bail, contending that the petitioners repeatedly harass the informant’s business. The Court, noting the simple nature of injuries and the petitioners’ undertaking, granted anticipatory bail under Section 438(2) of the Cr.P.C. with stringent conditions, including payment of the stipulated amount, sureties, regular court appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail under Section 438 of the Criminal Procedure Code should be granted to the petitioners despite the assault allegations.
- Whether the payment of Rs.10,000 to the informant is a valid condition for granting bail.
- Whether the simple nature of injuries and lack of prior criminal record justify the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- assault
- injury report
- bail conditions
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90588 of 2025
Arising Out of PS. Case No.-592 Year-2025 Thana- RAHUI District- Nalanda
======================================================
1. Shashi Bhushan Prasad Son of Late Indradeo Mahto R/o Village - Rahui,
Police Station - Rahui, District - Nalanda.
2. Raushan Kumar Son of Shashi Bhushan Prasad R/o Village - Rahui, Police
Station - Rahui, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Adv.
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
For the informant : Ms. Ojaswi Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard Mr. Anil Kumar Singh, learned Counsel for the
petitioners, Mr. Aditya Narayan Singh No. representing the State
and Ms. Ojaswi Kumari, learned counsel for the informant.
2. The petitioners apprehend their arrest in connection
with Rahui P.S. Case No. 592 of 2025 for the offence registered
under sections 126(2), 115(2), 109(1), 76, 352, 351(2), 3(5) of the
BNS lodged on 14.10.2025 by the informant, Yashkant Kumar.
3. As per the prosecution story, the informant alleged
that due to dispute of opening of shop, the accused (petitioners
herein) who are own brother/nephew resorted to assault. While
petitioner no. 1 gave hammer blow to him, the petitioner no. 2
attacked his son with a revolver butt, this caused injuries and FIR.
4. Learned Counsel for the petitioners submit that both
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are brothers, minor scuffle took place, led to the FIR. Further, he
has taken this Court to the injury reports to submit that all of them
have been found to be simple in nature by a Government Hospital.
Further, the submission is that without accepting the allegation
and/or the outcome of the present petition, in view of the fact that
the informant side has alleged injuries, the petitioner on its own
would like to contribute towards the medical assistance of Rs.
10,000/- through Demand Draft issued by the local branch of the
State Bank of India/any Nationalized Bank to be submitted before
the ‘NAZARAT’ of concerned Court to be handed over to the
informant after checking the credentials.
5. Learned APP for the State as also learned counsel for
the informant have vehemently opposed the prayer submitting that
being elder brother, he along with his family members resort to
hamper the business of the informant and every day, blocks the
movement of the purchasers causing only to ensure him financial
loss.
6. Learned counsel for the petitioners submit that if the
relief is granted and the petitioners are found to indulge in any
criminal activity, the informant shall be free to take steps for
cancellation of the bail bond.
7. Though allegation is there, the Government hospital
has found all of them to be simple in nature, both the petitioners
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do not have criminal antecedent, are family members and an
undertaking has been given that they shall not indulge in any
criminal activity in future failing which the informant shall be free
to take steps for the cancellation of the bail bond, this Court is
inclined to grant them the anticipatory bail with conditions subject
to payment of Rs. 10,000/- to the informant as undertaken by the
learned counsel for the petitioner to be paid by Demand Draft of
local branch of the State Bank of India/any Nationalized Bank to
be submitted to the Trial Court.
7. Let the petitioners in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Nalanda at Biharsharif in connection with Rahui P.S. Case No. 592
of 2025 subject to condition as laid down under Section 438(2) of
the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
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dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark
attendance and at the end of the period, the certificate be submitted
to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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