Patna High Court
Arvind SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners.
Summary
Arvind Singh and Shashi Bhushan Singh were arrested in connection with a land‑dispute case (Sugauli PS Case No. 356 of 2025) alleging assault, disrobing and other offences under the Bharatiya Nyaya Sanhita, 2023. The petitioners claimed innocence, argued that the FIR was lodged three days after the incident, that the allegations were vague and that no incriminating material was found on them. They also highlighted an ongoing title‑partition suit and noted that a co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the charges and the petitioners' prior criminal antecedents. Considering the custody period, the lack of specific evidence, and parity with the co‑accused, the court granted bail on the condition of a Rs.15,000 bond and two sureties each.
Issues considered
- Whether bail should be granted to the petitioners despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the three‑day delay in lodging the FIR and the absence of incriminating material affect the bail decision
- Whether the petitioners' prior criminal antecedents preclude the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 127(1), 303(2), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- land dispute
- prior criminal antecedents
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12115 of 2026
Arising Out of PS. Case No.-356 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
1. Arvind Singh S/o- Late Ramchandra Singh R/v- Bhathan Bishunpur Ps-
Sugauli Dist- East Champaran
2. Shashi Bhushan Singh S/o- Late Ramchandra Singh R/v- Bhathan
Bishunpur Ps- Sugauli Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kunti Devi W/o- Vinod Singh R/v- Sripur Rampur Ps- Sugauli Dist- East
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Digvijay Kumar Ojha, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with Sugauli
P.S. Case No. 356 of 2025, instituted for the offences punishable
under Sections 127(1), 115(2), 118(1), 117(2), 109, 303(2),
351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioners
along with other co-accused persons assaulted the informant and
her son along with her Gotia for land dispute due to which they
sustained injuries and they also disrobed the informant.
4. Learned counsel for the petitioners submits that the
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petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. Learned counsel for
the petitioners also submits that there is delay of three days in
lodging the FIR. No specific allegation has been attributed
against the petitioners rather the same is general and omnibus in
nature. It is further submitted that there is admitted land dispute
between both the parties and for the same a Title Partition Suit is
pending before the learned Court below. The petitioners are in
custody since 18.11.2025 and petitioner No.1 bears three
criminal antecedents, whereas petitioner No.2 bears two
criminal antecedents. Other co-accused has been granted bail by
this Court vide order dated 09.10.2025, passed in Cr. Misc. No.
71118 of 2025.
5. Learned APP for the State has vehemently opposed the
prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and taking into account the period of custody
undergone by the petitioners as also claim based on parity, this
Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
Patna High Court CR. MISC. No.12115 of 2026(2) dt.23-02-2026
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two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sugauli P.S. Case
No. 356 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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