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2026 DAILYLAW 25075 (PAT)

Shashikant Kumar @ Shashi Kant Kumar v. The State of Bihar

CR. MISC./44976/2026 · 2026-07-16

Ranjan Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44976 of 2026 Arising Out of PS. Case No.-314 Year-2026 Thana- ARA NAWADA District- Bhojpur ====================================================== Shashikant Kumar @ Shashi Kant Kumar S/o Sanjay Yadav R/o - Bampali, Ward No.04, P.S - Udwant Nagar, District - Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar, Advocate Mr. Pallav Kumar Singh, Advocate Mr. Deepak Kumar, Advocate Ms. Priya Kumari, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 2 16-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. 2. The petitioner is apprehending his arrest in connection with Ara Nawada P.S. Case No. 314 of 2026 registered for the offences punishable under Sections 126(2), 115(2), 109(1), 132, 351(2), 352 AND 3(5)of the BNS. 3. The allegation against the petitioner is that he assaulted the informant, namely Mohan Kumar on his chest and has beaten him on his wrist by teeth and threatened to kill him. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has a clean antecedent. He further submits that, even if the allegations made in the FIR are taken at their face value, no offence under Section 109(1) is made out against the petitioner. It is also submitted that the petitioner was not present at the place of occurrence and has Patna High Court CR. MISC. No.44976 of 2026(2) dt.16-07-2026 2/2 been falsely implicated in the present case. Learned counsel further submits that the police apprehended a person against whom there is no allegation of assault, whereas the petitioner, against whom such allegations have been levelled, has not been apprehended. 5. Learned APP opposed the prayer of bail. 6. Considering the rival submission in particular, clean antecedent of the petitioner and no offence was made out under Section 109(1), let above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court, Ara where the case is pending in connection with Ara Nawada P.S. Case No. 314 of 2026 subject to the conditions as laid down under Section 482(2) of the BNSS with further condition that: One of the bailors must be family member of the petitioner. rishabh/- (Ranjan Kumar Jha, J) U T