Patna High Court
Pawan SinghversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and specified conditions.
Summary
Petitioner Pawan Singh was arrested on 19 October 2025 in connection with an alleged assault on an informant and her two minor daughters, involving a gas‑rubber pipe and a stick, and threats to kill and throw the children into a river. The prosecution alleged offences under Sections 126(2), 115(2), 109 and 351(2) of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed a clean antecedent, that the injuries were minor, and that the incident arose from a petty dispute without any intention to kill. The court considered the petitioner’s clean record, the simple nature of the injuries, and the lack of evidence of a flight risk. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the Bharatiya Nyay Sanhita.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the petitioner’s clean antecedent and the nature of the injuries justify bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 351(2)
Subjects
- bail
- criminal procedure
- assault
- minor victims
- threat to life
- Bharatiya Nyay Sanhita
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18415 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- Sikandarpur District- Muzaffarpur
======================================================
Pawan Singh S/O Nand Kishore Singh Resident of village - Dorapur
Sahebganj, P.S- Rajepur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar, Advocate
: Mr. Shubham Samrat, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Raju Kumar, learned counsel for the
petitioner as well as Mr. Narendra Kumar Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.10.2025 in connection with Sikandarpur P.S. Case No. 151 of
2025, F.I.R. dated 18.10.2025 for the offences punishable under
Sections 126(2), 115(2), 109 and 351(2) of the Bharatiya Nyay
Sanhita, 2023.
3. The case of the prosecution is that the petitioner
allegedly went to the house of informant’s sister and assaulted
the informant and her two minor daughter by means of gas
rubber pipe and stick and further threatened to kill them and
attempted to throw the children into Budhi Gandak River but the
Patna High Court CR. MISC. No.18415 of 2026(2) dt.24-03-2026
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local people intervened and rescued them.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that due
to some petty dispute the present occurrence has taken place.
Although there is specific allegation against the petitioner that
he has assaulted the informant and her minor daughters but the
injury report of the injured persons suggest that injury inflicted
upon them is simple in nature caused by hard and blunt
substance. He further submits that due to spur of moment the
present occurrence has taken place and there was no intention to
kill anyone and the petitioner is in custody since 19.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and injury inflicted upon injured
persons is simple in nature, let the petitioner, above named, 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 the learned 3rd District and Additional Sessions
Judge, Muzaffarpur in connection with Sikandarpur P.S. Case
No. 151 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.18415 of 2026(2) dt.24-03-2026
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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 absence on two consecutive dates without sufficient
reason, his 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
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)
Suruchi/-
U T
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