Patna High Court
Sudhir Singh @ Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Summary
The petitioner, Sudhir Singh, applied for anticipatory bail in connection with FIR No.444 of 2025 alleging assault under several sections of the BNS. He argued that the FIR was fabricated, filed after an unexplained two‑day delay, and stemmed from an ongoing land‑dispute and partition suit. The State opposed the bail, pointing to the petitioner’s involvement in another case, although he was already on bail in both matters. The Court examined the veracity of the allegations, the delay in filing, and the pending civil dispute, and considered the statutory framework for anticipatory bail. It held that bail could be granted provided the petitioner complied with conditions such as cooperation with the trial, personal appearance in court, and no tampering with evidence. Accordingly, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged in the FIR
- Whether the delay in filing the FIR and the alleged land‑dispute affect the grant of bail
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 117(2), 126(2), 329(3), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- FIR false
- land dispute
- assault
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14832 of 2026
Arising Out of PS. Case No.-444 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Sudhir Singh @ Sudhir Kumar S/O Jagnarayan Singh R/O Vill.- Lodipur,
P.S.- Rafiganj, Dist.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 25-02-2026 Heard Mr.Arvind Kumar Singh, learned counsel for
the petitioner and Mr.Ram Anurag Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Rafiganj P.S. Case No.444 of 2025, dated
23.10.2025 registered for the offences punishable under
Sections 126(2), 115(2), 117(2), 109(1), 329(3) and 3(5) of
BNS.
3. According to prosecution case, while the informant
was poughing his filed, then petitioner and his father came and
assaulted to him by means of lathi due to which the hand of the
informant was fractured.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.14832 of 2026(2) dt.25-02-2026
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fabricated and the petitioner has not committed any offence as
alleged in the FIR. The present case is counter blast of Rafiganj
P.S.Case No.443 of 2025. From a bare perusal of the FIR it
appears that the date of occurrence as alleged in the FIR is
21.10.2025 but the present FIR has been instituted on
23.10.2025 after delay of two days without giving any
explanation of delay afterthought only to falsely implicate the
petitioner in the present case. There is admitted land dispute
between the parties and one Partition Suit No. 246 of 2018 is
pending between the parties.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that the petitioner carries one more case other than the
present one but fairly submits that the petitioner is on bail in
both the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner,
above named, in the event of his arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, be released on bail on furnishing bail bond
of Rs.10,000 (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Aurangabad in connection with Rafiganj P.S. Case
Patna High Court CR. MISC. No.14832 of 2026(2) dt.25-02-2026
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No.444 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure/Section
482(2) of BNSS, 2023 and with other following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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