Patna High CourtCR. MISC./6582/2026bail granted

Shantanu Kumar v. The State Of Bihar

2026-01-31Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6582 of 2026 Arising Out of PS. Case No.-1 Year-2025 Thana- ISUAPUR District- Saran ====================================================== Shantanu Kumar, Son of Virendra Ray, Resident of Village- Kerwa, P.S.- Isuapur, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2026 Heard Mr. Harish Kumar, learned counsel for the petitioner as well as Mr. Satyendra Prasad, learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner submits that the present case has been taken up on the basis of motion slip filed on behalf of the petitioner on the ground that petitioner is going to appear in intermediate annual examination, 2026 which is scheduled to be held on 02.02.2026.

3. Petitioner seeks bail who is in custody since 02.12.2025 in connection with Isuapur P.S. Case No. 01 of 2025, F.I.R. dated 02.01.2025 for the offences punishable under Sections 126(2), 115(2), 118(1),109, 303(2), 351(2), 352 of the Bharatiya Nyay Sanhita, 2023.

4. According to prosecution case, the informant

2/4 alleged that when her son, namely, Bikesh Kumar Singh had gone for running in the field of Kerwa Basic School, in the meantime, the petitioner along with other accused persons started abusing him and on objection assaulted him by means of lathi, danda, rod and knife.

5. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that FIR is in two parts. In the first part, there are general and omnibus allegations against all the accused persons, including the petitioner. In the second part, there is a specific allegation against the petitioner that he assaulted the son of the informant by means of a knife, and he received injury and the injury inflicted upon son of the informant is grievous is nature. He further submits that earlier the anticipatory bail petition of the petitioner was rejected by order dated 15.10.2025 in Cr. Misc. No. 41992 of 2025 on the ground that injury inflicted upon the son of the informant was grievous in nature however the petitioner had no intention to kill the son of the informant and there is no repetition of the occurrence and the petitioner is

3/4 in custody since 02.12.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Judicial Magistrate-1st Class, Saran in connection with Isuapur P.S. Case No. 01 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall

4/4 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. I.A. No. 01 of 2026 stands disposed of.

(Rajesh Kumar Verma, J) Suruchi/- U T