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Patna High Court

Suraj Bhan Singh @ SurajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties, under the conditions of section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Suraj Bhan Singh, sought bail in a criminal case (PS Case No. 202 of 2025) alleging assault on the informant's wife with a spade, invoking sections 126(2), 115(2), 109(1), 75, 352 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. The prosecution alleged that the petitioner, along with two co‑accused, attacked the victim in a land‑dispute‑related quarrel, causing injuries. The petitioner contended that the assault allegation was vague, the injuries were minor, and he had a clean antecedent. The State opposed the bail application. The Court, after considering the petitioner’s clean antecedent and the circumstances, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences and the petitioner’s antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • section 482
  • clean antecedent
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.103 of 2026
                   Arising Out of PS. Case No.-202 Year-2025 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 Suraj Bhan Singh @ Suraj Son of Sunil Kumar Singh @ Sunil Singh R/o
                 Village - Chandasara, Ward No.- 02, P.S.- Alamnagar, District - Madhepura,
                 Bihar.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Avanish Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Md. Mushtaque Alam , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                         Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),

                   109 (1) , 75 , 352 and 3 (5) of BNS.

                                3 . The prosecution case , in brief, is that this

                   petitioner along with 2 other co-accused persons attacked wife

                   of informant by means of spade upon her head as a result of

                   which she sustained injury .

                                4. It is submitted on behalf of the petitioners that on

                   account of land dispute , a simple quarrel took place between

                   the parties. Allegation of assault is general and omnibus against

                   this petitioner. Injuries sustained by the injured is simple in
            Patna High Court CR. MISC. No.103 of 2026(2) dt.20-01-2026
                                                        2/2




                      nature . Petitioner claims clean antecedent.

                                   5 . Learned counsel for the State opposed the bail

                      petition .

                                    6 Considering the aforesaid facts, clean antecedent of

                      the petitioner and other circumstances of the case , in the event

                      of arrest or surrender within eight weeks from today, let the

                      petitioner, as named above, be enlarged 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 Judicial

                      Magistrate Ist Class, Udakishunganj Madhepura in connection

                      with Alamnagar P.S. Case No. 202 of 2025 subject to the

                      conditions laid down under section 482(2) of the          Bharatiya

                      Nagarik Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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