Patna High Court
Vipul SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was refused.
Summary
The petitioner, Vipul Singh, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging assault causing a fracture to the informant. The FIR alleges that the petitioner injured a 50% disabled informant who opposed his sale of wine, resulting in grievous injury. The petitioner claimed innocence, cited a prior bail case, and offered to comply with any conditions. The informant and the State opposed bail, emphasizing the seriousness of the injury. Considering the gravity of the alleged assault and the nature of the injury, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the BNSS, 2023 in view of the alleged serious injury.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- assault
- grievous injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10488 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Vipul Singh S/o Sri Nagendra Singh @ Harendra Singh R/o Village- Bangra,
P.S.- Maharajganj, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard Learned Counsel for the petitioner, learned
Counsel for the informant and Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Maharajganj P.S. Case No. 139 of 2025,
lodged on 19.03.2025, under Sections 126(2)/115(2) /118(1) /
109/303(2)/352/351(2)/3(5) of the Bhartiya Nyay Sanhita, 2023,
pending in the Court of Judicial Magistrate, 1st Class, Siwan.
3. As per the prosecution, allegation has been levelled
in the FIR against the petitioner that he has assaulted the
informant due to which fracture took place.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10488 of 2026(2) dt.12-03-2026
2/2
petitioner is innocent and has committed no offence. Counsel
submits that there is one criminal antecedent against the
petitioner in which he is on bail. Counsel further submits that
the entire allegation is false. They are co-villager and petitioner
has unnecessarily been made accused in this case. Counsel
further submits that he ready to fulfill all the conditions
whatsoever shall be imposed upon him.
5. Learned Counsel for the informant vehemently
opposes the prayer for bail and submits that in the FIR itself it
has been alleged that when the informant opposes from selling
the wine, then the informant who is 50% disabled was subjected
to injury by the petitioner. The injury is grievous in nature.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that from the rejection order it
is clear that injury is serious in nature.
7. Considering the allegation and nature of injury, the
prayer for anticipatory bail of the petitioner is hereby refused.
(Dr. Anshuman, J)
Mkr./-
U T
Checking your session…