Patna High Court
Binod Singh @ Binod Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to petitioners 1, 2, 4, 5 and 6 subject to statutory conditions and dismissed the application against petitioner 3 as withdrawn.
Summary
The petitioners sought anticipatory bail in connection with a 2022 FIR alleging offences under Sections 341, 323, 324, 307, 504, 506 and 34 of the IPC for a brutal assault on an informant. Petitioners 1, 2, 4, 5 and 6 claimed innocence and offered to abide by bail conditions, while the State opposed bail. The court allowed the withdrawal of the application against petitioner 3 and dismissed it as withdrawn. For the remaining petitioners, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the BNSS, including appearance before the trial court and non‑tampering with witnesses. The bail was ordered to be released within six weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR.
- Whether the application against petitioner no. 3 can be withdrawn.
- What conditions, if any, should be imposed under Section 482(2) of the BNSS while granting bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code offences
- withdrawal of application
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12386 of 2026
Arising Out of PS. Case No.-223 Year-2022 Thana- ROSERA District- Samastipur
======================================================
1. Binod Singh @ Binod Kumar Singh S/o Late Ganga Singh R/o Village-
Muradpur, PS- Rosera, Distt- Samastipur
2. Manoj Singh @ Manoj Kumar Singh S/o Late Ganga Singh R/o Village-
Muradpur, PS- Rosera, Distt- Samastipur
3. Pramod Singh @ Pramod Kumar Singh S/o Late Gango Singh R/o Village-
Muradpur, PS- Rosera, Distt- Samastipur
4. Prince Kumar Singh @ Prince Kumar S/o Manoj Singh R/o Village-
Muradpur, PS- Rosera, Distt- Samastipur
5. Raja Singh S/o Manoj Singh R/o Village- Muradpur, PS- Rosera, Distt-
Samastipur
6. Prashant Kumar Singh @ Prashant Kumar S/o Binod Singh R/o Village-
Muradpur, PS- Rosera, Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Prabhat
For the Opposite Party/s : Mr. Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the parties.
2. After some arguments, learned counsel for the
petitioner seeks permission to withdraw this application as
against petitioner no. 3, against whom the allegation of
assaulting the informant is levelled.
3. Permission is granted.
4. Accordingly, the instant application as against
the petitioner no.3 is dismissed as withdrawn.
5. Now, the anticipatory bail application is being
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heard only with respect to the petitioner nos.1, 2, 4, 5 and 6.
6. The petitioners apprehends their arrest in
connection with Rosera P.S. Case No.223 of 2022, Samastipur
registered for the offence punishable under Sections 341, 323,
324, 307, 504, 506 and 34 of the Indian Penal Code.
7. As per the FIR, the petitioners and other co-
accused persons brutally assaulted the informant’s side by
means of several weapons.
8. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. He further submits that the allegations of overt acts are
not specific and that the injuries said to have been sustained by
the injured persons are simple in nature. Learned counsel further
submits that the petitioners undertake not to indulge in similar
offences in future. In case the allegations are found to be true
against them upon investigation, the police may be given liberty
to take steps for cancellation of bail. Lastly, it is submitted that
petitioner nos. 1 and 2 have one criminal antecedent each,
whereas petitioner nos. 4, 5 and 6 have no criminal antecedents.
9. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
10. Considering the facts and circumstances of the
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case, let the above named petitioner nos.1, 2, 4, 5 and 6, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of six weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
1st, Rosera, Samastipur/Successor Court in connection with
Rosera P.S. Case No.223 of 2022, subject to the conditions as
laid down under Section 482(2) of the BNSS as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/ known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce
or promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing
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any criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of their bail bonds.
11. Accordingly, this application is partly allowed.
(Ajit Kumar, J)
shikha/-
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