Shyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34278 of 2026 Arising Out of PS. Case No.-219 Year-2025 Thana- BARHIYA District- Lakhisarai ====================================================== Shyam Kumar S/o Sanjay Mochi Resident of Village- Khuthadih, P.S.- Barhaiya, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 19-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Barhiya P.S. Case No. 219 of 2025 registered for the offences punishable under sections 126(2), 115, 109(1), 303(2), 352, 351(2) and 3(5) of the B.N.S.
3. As per the prosecution story which has been lodged on the basis of the written report submitted by the informant to the effect that on 20.10.2025 at about 11.00 P.M., when the informant along with co-villager Ramayan Kumar reached his house, 10 named accused persons including the petitioner herein and 8-10 unknown persons, brutally assaulted the informant with lathi, danda etc. The petitioner is alleged to have snatched Rs. 11,000/- from possession of the informant.
Patna High Court CR. MISC. No.34278 of 2026(2) dt.19-05-2026 2/3
4. The learned counsel for the petitioner submits that petitioner is innocent and no such occurrence has taken place. He further submits that from perusal of the injury report of Sonu Kumar and Ramayan Kumar, it appears that weapon used was hard and blunt substance and the opinion has been kept reserved. He further submits that co-accused persons namely, Amarjeet Kumar and Bunti Kumar @ Banti Kumar have already been granted the privilege of anticipatory bail by a Hon'ble Single Judge of this court vide order dated 29.04.2026 passed in Cr. Misc. No. 27540 of 2026. He further submits that petitioner has got clean antecedent.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties and after going through the records, it appears that petitioner along with ten accused persons has been made accused in this case and the allegation against this petitioner is of snatching Rs. 11,000/- from the pocket of the informant. The allegation of assault is general and omnibus against all the accused persons. Co-accused Amarjeet Kumar and Bunti Kumar @ Banti Kumar have been granted anticipatory bail vide order dated 29.04.2026 passed in Cr. Misc. No. 27540 of 2026. The petitioner has got
Patna High Court CR. MISC. No.34278 of 2026(2) dt.19-05-2026 3/3 clean antecedent. Considering the same, let the above named petitioner, in the event of arrest/surrender within a period of six weeks, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Barhiya P.S. Case No. 219 of 2025, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 with further condition: (i) The trial court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedents, the court concerned shall take step for cancellation of bail bonds 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.
(Ritesh Kumar, J) vinita/- U T