Shyambabu Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3031 of 2026

Arising Out of PS. Case No.-982 Year-2018 Thana- SITAMARHI District- Sitamarhi

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Shyambabu Kumar, aged about 28 years, Male, S/o Late Baikunth Mahto, resident of Village- Karnahiya, P.S.- Punaura, District- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

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ORAL ORDER

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3 23-02-2026

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner seeks bail in connection with Sitamarhi PS Case No.982 of 2018 dated 21.10.2018, instituted for the offence punishable under Sections 147, 148, 149, 336, 337, 338, 353, 296, 295-A, 153-A, 505, 324, 326, 302, 201 of the Indian Penal Code.

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The prosecution case, in brief, is that on the alleged date of occurrence, on the occasion of immersion of idol Godess Durga , the members of Kali Puja Samiti along with 1000-1500 persons having lathi, danda, bhala, farsa and sword in their hands proceeded towards Muralia Chak . They were raising communal slogans. Suddenly, brick batting started between two communities. The police force arrived there and tried to pacify

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Patna High Court CR. MISC. No.3031 of 2026(3) dt.23-02-2026 2/3

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the processionists but of no effect. Thereafter, other processionists also arrived raising slogans. The miscreants set fire in a cart and looted away the articles from a shop. They also brick batted on the police party. The police found a half burnt body of a person.

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Learned counsel for the petitioner submits that the petitioner is not named in the FIR. FIR has been lodged against 74 named persons and 1000-1500 unknown persons. During investigation, name of the petitioner came on the basis of disclosure made by local chaukidar . The petitioner had no knowledge about the present case and he came to know about the same when the process under Section 82 of the Code of Criminal Procedure was started. There is nothing specific against the petitioner. Further submission is that some of the similarly situated co-accused have been granted bail by a coordinate Bench of this Court and even some of the co-accused have been granted anticipatory bail by the lower court itself. Lastly, it is submitted that the petitioner is in custody since 15.09.2025 having no criminal antecedents.

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Learned APP has opposed the prayer for bail.

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Having considered the facts and circumstances of

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the case and submissions of learned counsel for the parties, let

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Patna High Court CR. MISC. No.3031 of 2026(3) dt.23-02-2026 3/3

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the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Sitamarhi, in Sitamarhi PS Case No.982 of 2018, subject to the conditions (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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The application stands allowed.

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(Khatim Reza, J)

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J. Alam/-

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U

Shyambabu Kumar v. The State of Bihar

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Shyambabu Kumar v. The State of Bihar

Case brief

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