Patna High Court
Bheem SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioners, subject to a bond and sureties.
Summary
The petitioners, Bheem Singh and Yogendra Singh, were arrested in connection with a case alleging that they, along with others, assaulted and kidnapped the cousin of the informant over a disputed payment for a JCB machine. The informant claimed the accused threatened the victim’s life unless the money was returned. The petitioners contended that they were falsely implicated, had clean antecedents, and that the alleged victim had no actual injury. The State opposed the bail, emphasizing the seriousness of the offences under Sections 137(2), 140(1) and 3(5) of the B.N.S., 2023. The Court, after considering the clean record, the period of custody already served, and the lack of injury, ordered that bail be granted on condition of a bond of Rs.10,000 with two sureties. Consequently, the petition for regular bail was disposed in favour of the petitioners.
Issues considered
- Whether regular bail should be granted to the accused under Sections 137(2), 140(1) and 3(5) of the B.N.S., 2023 given the nature of the allegations
- Whether the petitioners’ clean antecedent and the period of custody already served justify bail
Legislation cited
- B.N.S., 2023 — s. 137(2), 140(1), 3(5)
Subjects
- regular bail
- criminal procedure
- B.N.S. 2023
- kidnapping
- threat to life
- clean antecedent
- financial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13475 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
1. Bheem Singh S/o Late Rajdeo Singh Village- South Gogo, PS- Nabinagar,
District- Aurangabad.
2. Yogendra Singh @ Shera S/o Bhim Singh Village- South Gogo, PS-
Nabinagar, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Prasad, Advocate.
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners seek regular bail in connection with
Nabinagar P.S. Case No.319 of 2025 for the offences registered
under Sections 137(2), 140(1) & 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the informant has
alleged that when his cousin brother namely Abhimanyu
Chaubey was at his home, in the meantime all the accused
persons including the petitioners armed with lathi and danda
came there in a car and started beating him. Upon protest, they
forcibly took him in their car and ran away due to some
financial transaction for buying JCB machine. It is alleged that
the accused persons kidnapped the cousin of informant and
Patna High Court CR. MISC. No.13475 of 2026(2) dt.26-02-2026
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threatened to kill him if he didn’t return their money.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. He further submits that due to some financial transaction
between the parties, the alleged occurrence took place. He
further submits that petitioner no.1 had paid Rs.24,00,000/- for
purchase of JCB machine but the victim was not giving the said
JCB machine and for the same, a meeting was organized but
with malafide, the informant has filed the present case. Learned
counsel submits that there is no injury to the victim as alleged in
the F.I.R. He further submits that petitioners have got clean
antecedent, they are in custody since 26.10.2025 and they
undertake to co-operate in the investigation and trial.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioners.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, the nature of
allegation against the petitioners and the fact that they have got
clean antecedent and the period of custody already undergone
by them, let the petitioners, named above, be enlarged on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.13475 of 2026(2) dt.26-02-2026
3/3
satisfaction of learned A.C.J.M.-I, Aurangabad/ concerned Court
in connection with Nabinagar P.S. Case No.319 of 2025.
(Sunil Dutta Mishra, J)
Ritik/-
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