Patna High Court
Bhuneshwar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to the petitioners subject to a bond of Rs. 10,000 each with two sureties, under Section 482(2) of the B.N.S.
Summary
The petitioners, Bhuneshwar Singh and Lalji Singh, sought bail fearing arrest in connection with Nawanagar Police Station Case No. 92 of 2025, which alleged offences under several sections of the B.N.S. The prosecution alleged that the petitioners assaulted an informant and his family, while the petitioners claimed false implication and cited a prior criminal antecedent. The State opposed bail, but the court observed that the FIR contained only general, omnibus allegations and the injury to the informant was minor. Considering the lack of specific charges and the nature of the injury, the court deemed bail appropriate. The court ordered that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether the petitioners are entitled to bail in view of the general nature of the allegations and the minor injury sustained by the informant
- Whether the conditions under Section 482(2) of the B.N.S. justify granting bail
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 126(2), 324(4), 3(5), 351, 352(2), 482(2), 74
Subjects
- bail
- criminal procedure
- general allegations
- omnibus FIR
- Section 482
- minor injury
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13303 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- NAWANAGAR District- Buxar
======================================================
1. Bhuneshwar Singh S/O Late Thedu Singh R/O Village- Kirani, P.S-
Nawanagar, Distt.- Buxar.
2. Lalji Singh S/O Late Ram Sewak Singh R/O Village- Kirani, P.S-
Nawanagar, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dimpal Kumari, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State
2. The petitioners apprehend their arrest in connection
with Nawanagar P.S Case No. 92 of 2025 registered for the
offences punishable under Sections 126(2), 115(2), 117(2), 74,
109, 351, 352(2), 324(4), 3(5) of B.N.S.
3. As per the prosecution case, petitioners have
assaulted the informant and his family members.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case. It is next
submitted that petitioners have got one criminal antecedent as
stated in para 3 of the bail petition.
Patna High Court CR. MISC. No.13303 of 2026(2) dt.12-03-2026
2/2
5. Learned counsel for the State opposes the prayer
for bail of the petitioners.
6. From perusal of the F.I.R., impugned order and
materials available on record it appears that there is no specific
allegation against the petitioners whereas allegation is general
and omnibus in nature. From perusal of injury report it appears
that injury sustained by the informant is simple in nature. There
is one criminal antecedents against the petitioners as stated in
paragraph no. 3 of the bail petition.
7. Considering the aforesaid facts and circumstances
of the case, submissions made on behalf of the petitioner, let the
above named petitioners be released on bail in the event of their
arrest or surrender before the trial court within a period of six
weeks from today on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Court of Sessions Judge, Buxar in
connection with Nawanagar P.S Case No. 92 of 2025 subject to
the condition laid down under Section 482(2) of B.N.S.S.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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