Patna High Court
CR. MISC./58062/2026 of Shubhash Kumar Das @ Shubhash Das Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58062 of 2026 Arising Out of PS. Case No.-174 Year-2026 Thana- KALYANPUR District- Samastipur ====================================================== Shubhash Kumar Das @ Shubhash Das Son of Late Mahendra Das Resident of Village - Kharsand
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58062 of 2026
Arising Out of PS. Case No.-174 Year-2026 Thana- KALYANPUR District- Samastipur ======================================================
Shubhash Kumar Das @ Shubhash Das Son of Late Mahendra Das Resident of Village - Kharsand Tole Surahi, Ward No. -13, P.S. - Kalyanpur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kalyanpur P.S. Case No. 174 of 2026 dated 25.05.2026 registered for the offences punishable under Sections 126(2), 115(2), 303(2), 109, 352, 351(2) and 3(5) of B.N.S.
3. As per the prosecution case, on 24-05-2026 at about 9:00 PM, while the informant was standing at his doorstep, the accused persons- namely Sonu Kumar and Subhash Das, arrived on their respective motorcycles outside the house of Khurkhur Das, they forcibly entered into the house and started verbally abusing the occupants, when the wife of Patna High Court CR. MISC. No.58062 of 2026(2) dt.19-08-2026
Khurkhur Das questioned their abusive behavior, the accused persons dragged her into the courtyard, threw her to the ground and assaulted her with fists and kicks. It has further been alleged that when Khurkhur Das intervened to rescue his wife, the accused persons assaulted him with the butt of a pistol, inflicting a head injury. Upon hearing the commotion, local residents gathered at the spot and on seeing the crowd, the accused persons brandished their pistols to threaten the onlookers and attempted to flee, leaving their motorcycles behind. It has further been alleged that as soon as the accused persons saw the informant’s son, Chandan Kumar, they began abusing him as well and on protest by Chandan Kumar, accused Sonu Kumar slapped him and snatched a gold chain from his neck, while petitioner Subhash Das opened fire at Chandan Kumar, but fortunately, when the shot missed he hit on the head with the butt of a pistol, causing head injury as a result whereof he fell on the ground.
4. Learned counsel for the petitioner has submitted that as regards the assault to alleged injured Khurkhur Das is concerned, there is no injury report on record and the same has not been discussed in the impugned order. It has further been submitted that as regards the injury sustained by injured Patna High Court CR. MISC. No.58062 of 2026(2) dt.19-08-2026
Chandan Kumar, the same has been opined to be simple, which is clear from the finding in the impugned order. It has further been submitted that charge-sheet has been submitted in this case and there is no allegation of tampering against him. It has lastly been submitted that the petitioner is in custody since 26.05.2026 and although he has been made accused in three other cases, but not of similar nature.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the records.
7. Considering the facts and circumstances of the case as well as the period of custody, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur, in connection with Kalyanpur P.S. Case No. 174 of 2026.
8. The application stands allowed.
Abdus/- (Praveen Kumar, J) U T