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Patna High Court

Shambhu DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted to the petitioners.

Summary

The petitioners, Shambhu Das and his family members, filed an anticipatory bail application fearing arrest in Bisfi Police Station Case No. 185 of 2025, which alleged offences under several sections of the Bihar Penal Code. The prosecution alleged that the petitioners had assaulted the victim, while the petitioners contended they were falsely implicated and the injury was minor. The learned counsel for the petitioners argued that there was no likelihood of them fleeing or tampering with evidence. The court examined the merits of the bail application under Section 438(2) of the Code of Criminal Procedure, 1973 and the inherent powers under Section 482. Finding no sufficient ground to deny bail, the court allowed the application and ordered release on bail with a bond of Rs. 10,000 and two sureties, subject to the usual conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged offences.
  • Whether the inherent powers of the High Court under Section 482 CrPC can be exercised to grant bail in this case.
  • Whether the petitioners pose a flight risk or a risk of tampering with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 CrPC
  • Bihar Penal Code
  • assault
  • high court order
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91106 of 2025
                       Arising Out of PS. Case No.-185 Year-2025 Thana- BISFI District- Madhubani
                 ======================================================
           1.     Shambhu Das S/o Late Mahendra Das R/o Village- Bansbari chahuta, PS-
                  Bisfi, District- Madhubani
           2.    Suraj Das S/o Shambhu Das R/o Village- Bansbari chahuta, PS- Bisfi,
                 District- Madhubani
           3.    Chand Das S/o Shambhu Das R/o Village- Bansbari chahuta, PS- Bisfi,
                 District- Madhubani
           4.    Rita Devi W/o Shambhu Das R/o Village- Bansbari chahuta, PS- Bisfi,
                 District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Prakash
                 For the Opposite Party/s :       Mr.Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Bisfi P.S. Case No. 185 of 2025 registered for

                   the offence under Sections 126(2), 115(2), 118(1), 117(2), 76,

                   352, 351(2), 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioners are

                   said to have assaulted the victim.

                                   4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have
          Patna High Court CR. MISC. No.91106 of 2025(2) dt.28-01-2026
                                                      2/2




                    falsely been implicated in this case. He further submits that the

                    injury sustained by the victim is simple in nature.

                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                     6. Let the petitioners, above named, in the event of

                    their arrest or surrender before the concerned Court below

                    within four weeks from today, be released on bail on furnishing

                    bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the learned ACJM,

                    Benipatti, Madhubani/concerned Court below in connection

                    with Bisfi P.S. Case No. 185 of 2025, subject to the conditions

                    laid down in Section 438(2) of the Code of Criminal Procedure,

                    1973 / Section 482 of the BNSS.



                                               (Sandeep Kumar, J)
Vikas/-

U


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