Shankar Kumar @ Shankar Rajak Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Shankar Kumar @ Shankar Rajak Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Provisional bail granted vide order dated 16.04.2026 confirmed with the same bailor and bond, subject to an additional condition that the petitioner shall not attempt to contact or try to hurt/persuade the informant or any witnesses, including the victim, during the trial; on breach, the informant may seek cancellation of the bail bond before the learned Trial Court.

Issue for consideration

Whether the provisional bail granted to the petitioner vide order dated 16.04.2026 should be confirmed, considering the victim's statement recorded under Section 183 of BNSS in which she negated the allegations of kidnapping and sexual assault. +1 more

Court's answer

Considering the victim's statement recorded under Section 183 of BNSS, wherein she negated the allegation of kidnapping and sexual assault, the provisional bail granted to the petitioner vide order dated 16.04.2026 is confirmed with the same bailor and bond.

Ratio / Principle

A further condition is imposed upon the petitioner that he shall not make any attempt to contact or try to hurt/persuade the informant and any witnesses, including the victim, during the pendency of the trial; if he does so, the informant shall be at liberty to press a petition before the learned Trial Court for cancellation of the bail bond, which the learned Trial Court itself shall decide in accordance with law after giving a fair opportunity of hearing to the petitioner.

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 24748 of 2026 (arising out of PS Case No. 400 of 2025, Thana Triveniganj, District Supaul) — Confirmation of provisional bail — Provisional bail earlier granted by the Patna High Court vide order dated 16.04.2026 confirmed, with the same bailor and bond, in view of the victim's statement recorded under Section 183 of BNSS in which she negated the allegations of kidnapping and sexual assault — Additional condition imposed: the petitioner shall not attempt to contact or try to hurt/persuade the informant or any witnesses, including the victim, during the pendency of the trial, following submissions that after release he had been threatening the informant on her mobile and through social media — On breach, the informant is at liberty to approach the learned Trial Court for cancellation of the bail bond, to be decided in accordance with law after a fair opportunity of hearing to the petitioner — Oral order dated 15-07-2026 (Chandra Shekhar Jha, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24748 of 2026

Arising Out of PS. Case No.-400 Year-2025 Thana- TRIVENIGANJ District- Supaul

======================================================

Shankar Kumar @ Shankar Rajak Son of Sahdev Rajak Resident of village - Bhagwanpur, Ward No. 05, P.S.- Triveniganj, District - Supaul.

... ... Petitioner/s

Versus

The State of Bihar Bihar

XX Son of Late Bahuri Sah @ Bauhari Sah Resident of village - Bhagwanpur, Ward No. 06, P.S.- Triveniganj, District - Supaul.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amar Nath Yadav, Adv. For the Opposite Party/s : Mr. Ganesh Prasad Singh, Adv. For the Informant : Mr. Vikash Kumar, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 15-07-2026

Heard the parties.

Petitioner is already on Provisional Bail in terms

of order dated 16.04.2026 as passed by this Court.

Considering the statement of victim as recorded

under Section 183 of BNSS, where she negated allegation of kidnapping and sexual assault, the provisional bail of the petitioner as granted vide order dates 16.04.2026 is hereby confirmed with same bailor and bond.

At this stage, it is pointed out by learned

counsel for the informant that after releasing on provisional bail petitioner is regularly threatening the informant on her

Patna High Court CR. MISC. No.24748 of 2026(3) dt.15-07-2026 2/2

mobile and also through social media. It is submitted that

victim now married somewhere else.

Considering aforesaid further condition is

imposed herewith upon petitioner that petitioner shall not make any attempt to contact or tried to hurt/ persuade informant and any witnesses including victim during pendency of the trial, if so, informant shall be at liberty to press petition before the learned Trial Court for cancellation of bail bold of petitioner by learned Trial Court, itself, which shall be decided by learned Trial Court, in accordance with law after giving fair opportunity if hearing to the petitioner.

(Chandra Shekhar Jha, J)

Sudha/-

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