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Patna High Court

Jay Shankar Kumar @ Shankar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for anticipatory bail, directing release upon furnishing the prescribed bail bond and sureties.

Summary

The petitioner, Jay Shankar Kumar, sought anticipatory bail fearing arrest in a criminal case (Bhawanipur P.S. Case No. 220 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner and others assaulted the victim, causing grievous injury. The petitioner contended he was innocent and that the actual assailants were co‑accused Sagar Mahto, Joginder Mahto, Rikki Mahto and Manish Mahto. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order directs that if arrested or surrendered within four weeks, the petitioner be released on bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023
  • Whether the petitioner is likely to be involved in the alleged offences
  • Applicability of Section 482(2) of the BNSS in granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • bail conditions
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90881 of 2025
                     Arising Out of PS. Case No.-220 Year-2025 Thana- BHAWANIPUR District- Purnia
                 ======================================================
                 Jay Shankar Kumar @ Shankar Mandal Son of Bhumi Mandal R/o Durgapur
                 Milik, Ward No. 10, P.S. - Bhawanipur, Distt. - Purnea.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijendra Kumar Singh
                 For the Opposite Party/s :       Mr. Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Bhawanipur P.S. Case No. 220 of 2025 registered for offences

                   under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1),

                   117(2), 109, 303(2), 352, 351(2) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioner and

                   others are said to have assaulted the victim.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the petitioner is not the assailant of the

                   victim. Co-accused Sagar Mahto, Joginder Mahto, Rikki Mahto

                   and Manish Mahto are the assailants of the victim causing
            Patna High Court CR. MISC. No.90881 of 2025(2) dt.28-01-2026
                                                        2/2




                      grievous injury.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Judicial

                      Magistrate, 1st Class, Purnia/concerned Court below in

                      connection with Bhawanipur P.S. Case No. 220 of 2025 subject

                      to the conditions as laid down under Section 482(2) of the

                      BNSS.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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