Sharwan Kumar @ Sharwan Singh @ Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36435 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Sharwan Kumar @ Sharwan Singh @ Pintu Kumar S/o Mahendra Singh @ Nagendra Singh R/o Village- Kauriya Sarniha Tola, PS- Bhagwanpur Hat, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Pandey, Adcocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 27-05-2026 Heard the learned counsel for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Bhagwanpur Hat P.S. Case No. 23 of 2026, for allegedly having committed offence under Sections 132, 109, 126(2), 115(2), 352, 351(2) and 3(5) of the BNS.
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 while the informant was at T.O.P. Malmaliya, he saw that some persons are assaulting a bus driver and a conductor. When he reached near the place of occurrence and tried to save the driver and conductor, the accused persons named in the first information report, including the petitioner
2/4 and five-six unknown persons started abusing the informant and threw him on the ground with an intention to kill him and pressed his neck with a gamcha. They also assaulted the police constable, who had gone with the informant with fists and leg.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. An altercation took place between the driver, conductor and the villagers. In the meantime, the police arrived and tried to pacify the matter, however dispute arose in between the parties. He further submits that similarly situated co-accused namely Shailendra Singh @ Shailendra Kumar Singh, Bhim Singh @ Ranjiv Kumar Singh and Shekhar Kumar Singh @ Vivky Kumar @ Vikee have been granted the privilege of anticipatory bail by Hon'ble Single Judges of this Court vide order dated 04.05.2026 and 06.05.2026 passed in Cr. Misc. No. 28186 of 2026 and Cr. Misc. No. 29858 of 2026 respectively. He further submits that the petitioner has got two cases pending against him, in which he is on bail.
5. Per contra, the learned APP for the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner is an accused in two other cases and specific allegation of assault, upon the police personnel is there
3/4 against the petitioner and other co-accused.
6. Having heard the rival submissions and after going through the records, it appears that the petitioner along with other accused persons assaulted the informant and others. There was an altercation between the driver, conductor and the villagers and when the informant along with police party reached there, an altercation took place in between the parties, due to which the present first information report has been lodged. Further, co-accused Shailendra Singh @ Shailendra Kumar Singh and Bhim Singh @ Ranjiv Kumar Singh have been granted the privilege of anticipatory bail by a learned Coordinate Bench of this Court vide order dated 04.05.2026 passed in Cr. Misc. No. 28186 of 2026.
Similarly, one another co-accused namely Shekhar Kumar Singh @ Vicky Kumar @ Vikee has been granted the privilege of anticipatory bail by a learned Coordinate Bench of this Court vide order dated 06.05.2026 passed in Cr. Misc. No. 29858 of 2026. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender within a period of six weeks, 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 C.J.
4/4 connection with Bhagwanpur Hat P.S. Case No. 23 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned 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 steps 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. (Ritesh Kumar, J) Ajay/Mridula/- U T