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Patna High Court

Harsh Shaw @ Harsh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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