Patna High Court
Shambhu DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438, 482
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.