Patna High Court
Harsh Shaw @ Harsh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNS.
Summary
Harsh Shaw applied for pre‑arrest bail in connection with PS case No. 335 of 2025, which alleged offences under Sections 329(4), 333, 75, 76 and 3(5) of the Bharatiya Nagrik Suraksha Sanhita (BNS). The prosecution claimed that the petitioner was standing outside a house where two accused had entered and misbehaved with a woman, thereby implicating him. The petitioner contended that he merely rushed to the scene after hearing a scream, has a clean antecedent and is a student, and that the allegation against him is doubtful. The State argued that the petitioner participated in outraging the modesty of the woman. The Court, noting the limited accusation, the petitioner’s fair antecedent and the doubtful prima facie case, exercised its power under Section 482(2) of the BNS to grant conditional pre‑arrest bail. The order directed that the petitioner be released on bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, one of whom must be a close family member.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita given the nature of the allegations and his antecedents.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 329(4), 333, 3(5), 482(2), 75, 76
Subjects
- pre‑arrest bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- clean antecedent
- limited accusation
- women's modesty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91192 of 2025
Arising Out of PS. Case No.-335 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Harsh Shaw @ Harsh Kumar S/O Sujeet Kumar Sao @ Sujit Kumar Shaw
R/O Village- Chandsi Gali, Chandni Chowk, P.S- Sheikhpura, Distt.-
Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Adv.
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Sheikhpura P.S. Case No. 335 of 2025, registered for the
offences punishable under Sections 329(4), 333, 75, 76 and 3(5)
of the BNS.
3. As per the prosecution case, it is alleged that after
the death of the father of the informant, her mother resides in
her house alone. In the night of the fateful day, two accused
persons, namely, Sonu Kumar and Langra entered in the house
through the roof and misbehaved with her. It is further alleged
that two other persons, including the petitioner, were standing
outside the house, keeping vigil over the others.
Patna High Court CR. MISC. No.91192 of 2025(2) dt.15-01-2026
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4. Learned Advocate for the petitioner taking this
Court through the FIR contended that the allegation against the
petitioner, that he was standing outside the house and keeping
vigil over other, prima facie, appears to be doubtful. In fact, in
the night of the fateful day, after having heard the screaming
sound, he rushed to the place of occurrence and on being found
his presence nearby the house, on suspicion, his name has been
implicated in this case. The petitioner has nothing to do with the
present occurrence. Moreover, he is a student, having tender age
with clean antecedent.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that the
petitioner along with others hae tried to outrage the modesty of
a women, who was not in a good state of mind.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the limited accusation against the petitioner, besides his fair
antecedent, let the petitioner above named be released on bail, in
the event of his arrest or surrender before the court below within
a period of four weeks from the date of receipt/production of a
copy of this order, upon furnishing bail bonds of Rs.10,000/-
(ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.91192 of 2025(2) dt.15-01-2026
3/3
satisfaction of the learned Chief Judicial Magistrate, Sheikhpura
in connection with Sheikhpura P.S. Case No. 335 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
shivank/-
U T
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