Shiva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85971 of 2025 Arising Out of PS. Case No.-299 Year-2025 Thana- TEKARI District- Gaya ====================================================== 1.

Shiva Kumar S/O Baiju Bind Resident of Beldar Tola, Budhwa Mahadev Asthan, P.S. Tekari, District - Gaya 2.

Rajan Kumar Son of Karan Kumar Boss @ Karan Kumar Bos @ Boss Kumar Resident of - Beldar Tola, Budhwa Mahadev Asthan, P.S. - Tekari, District - Gaya 3.

Gautam Kumar Son of Jitu Bind Resident of - Beldar Tola, Budhwa Mahadev Asthan, P.S. - Tekari, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2026 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(1), 126(2), 115(2), 109, 303(2), 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per F.I.R., six named accused persons, including these petitioners and 10-15 unknown persons brutally assaulted informant on his head.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.85971 of 2025(2) dt.07-01-2026 2/2 Allegation of assault is general and omnibus. It is further submitted that though there is allegation that six named and 1015 unknown persons assaulted informant but injuries sustained by the informant are simple in nature, which itself raises doubt over veracity of the prosecution case.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and injuries, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Gayaji in connection with Tekari P. S. Case No. 299 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T