Patna High Court
Jay Shankar Kumar @ Shankar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 482(2)
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
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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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