Patna High Court
Daroga Singh @ Mahendra singhversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court held that anticipatory bail could not be granted in the present circumstances.
Summary
The petitioner, Daroga Singh, sought anticipatory bail in connection with a FIR alleging assault on an informant and his family members, filed under Sections 115(2), 126(2), 329, 109 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with another accused, assaulted the victims with a lathi, causing injuries. The petitioner claimed innocence, asserted that the injuries were simple, and argued that his criminal record was clean except for one pending case. The State opposed the bail, contending that the petitioner’s antecedents were not clean. The Court, after considering the facts, declined to grant anticipatory bail and ordered the petitioner to surrender within six weeks, directing the trial court to hear any surrender‑cum‑bail application on its merits. The order emphasizes that the anticipatory bail request was rejected and the matter proceeds before the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the alleged assault and his criminal antecedents.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115, 126, 3, 329
Subjects
- anticipatory bail
- assault
- Bhartiya Nyaya Sanhita
- criminal procedure
- bail application
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15829 of 2026
Arising Out of PS. Case No.-436 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
Daroga Singh @ Mahendra singh son of Jaga Singh Resident of Village-
Bagen, P.O. -Chandi, P.S. -Akorhigola, District -Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sudha, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Akorhigola P.S. Case No. 436 of 2025, dated 06.11.2025,
lodged under Section 115(2), 126(2), 329, 109 and 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”), pending before the Court of S.D.J.M, Dehri (Rohtas).
3. As per the prosecution, FIR has been lodged against
two named accused persons, including the present petitioner,
alleging that both the accused persons assaulted the informant,
his father, his mother, and his uncle with a lathi, causing injuries
to them.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that the criminal antecedent of the petitioner is not
Patna High Court CR. MISC. No.15829 of 2026(2) dt.25-03-2026
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clean, as one criminal case is pending against him. He further
submits that the injury sustained is simple in nature. He also
submits that the petitioner shall fulfill all the conditions
whatsoever may be imposed by this Court.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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