Shubham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13272 of 2026 Arising Out of PS. Case No.-300 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Shubham Kumar Son of Sanjay Kumar Yadav @ Sanjay Yadav Residet of Village- Shankar Saraiya, PS- Turkauliya District- East Champaran Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhandev Kumar, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP For the Informant :
Mr. Karandeep Kumar, Advocate Mr. Mrityunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Turkauliya P.S. Case No. 300 of 2025 for the offence under sections 191(2), 190, 126(2), 115(2), 118(1), 117(2) and 109(1) of the BNS lodged on 24.06.2025 by the informant, Sikandar Yadav.
3. As per the prosecution story, the informant alleged that due to land dispute, the accused persons armed variously came and assaulted the family members of the informant. The main allegation is against Sanjay Yadav, Raushan Kumar, Yashwant Kumar, this petitioner (Shubham Kumar) as also Braj Kishore Yadav and others of assaulting the informant's side, namely, Akash Kumar, Chandra Kishore Yadav, Naresh Yadav and Arjun Kumar respectively. The injured were taken to Sadar Hospital and then to Rahmania Hospital, Motihari which followed the FIR. This led to the FIR.
Patna High Court CR. MISC. No.13272 of 2026(3) dt.29-04-2026 2/3
4. Learned counsel for the petitioner submits that Shubham Kumar is before this Court who is a student, aged about nineteen years and in the counter case, he has suffered grievous injury. The injury attributed to him towards Chandra Kishore Yadav has been found to be simple in nature.
5. It is to be noted that the Coordinate Bench earlier had called for the case diary and injury reports which are on record.
6. Learned counsel for the informant submits that though there is case and counter-case, number of informant's family have been injured and the role of the petitioner has clearly marked in the FIR.
7. Taking into account the submissions of the parties as also that the injury has been found to be simple in nature, there is case and counter-case, the petitioner has also suffered grievous injury, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-IV, East Champaran, Motihari in connection with Turkauliya P.S. Case No. 300 of 2025 subject to the following conditions:
Patna High Court CR. MISC. No.13272 of 2026(3) dt.29-04-2026 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T