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Patna High Court

Satish Kumar @ Satish Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner under Section 438(2) of the CrPC.

Summary

Satish Kumar Singh was implicated in FIR No. 96 of 2025 for multiple offences under the BNS, 2023, including assault with deadly weapons. The prosecution alleged that the accused, including the petitioner, assaulted the informant and his nephews, causing injuries. The petitioner contended he has a clean antecedent and was falsely implicated, arguing that the injury was simple and caused by a blunt object, not an iron chain as alleged. The Additional Public Prosecutor opposed bail, but the court considered the petitioner’s clean record and the nature of the injury. Accordingly, the court granted bail under Section 438(2) of the CrPC, subject to a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, presence, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner under Section 438(2) of the CrPC given the allegations and his clean antecedent.

Legislation cited

Subjects

  • bail
  • Section 438
  • Criminal Procedure Code
  • clean antecedent
  • false implication
  • assault
  • injury
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18652 of 2026
                    Arising Out of PS. Case No.-96 Year-2025 Thana- BHAGALPUR KOTWALI District-
                                                         Bhagalpur
                 ======================================================
                 Satish Kumar @ Satish Kumar Singh S/o Late Ganauri Singh Resident of
                 Mohalla- Budhanath Road, Kharmanchak, P.S.- Towali, District- Bhagalpur

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Sharda Nand Mishra, Advocate
                                                 Mr. Dhananjay Kr. Gupta, Advocate
                                                 Ms. Isha Mishra, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, APP
                 For the Informant        :      Mr. Sadanand Pd. Deo, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                       Heard Mr. Sharda Nand Mishra, learned counsel for

                   the petitioner, Mr. Sadanand Pd. Deo, learned counsel for the

                   informant and Mr. Ashok Prasad Singh, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Kotwali P.S. Case No. 96 of 2025, F.I.R. dated

                   18.08.2025 for the offences punishable under Sections 126(2),

                   127(2), 118(1), 109, 303(2), 324(2), 352, 351(2), 329(3) and

                   115(2) of the BNS, 2023.

                                3.      According to prosecution case, all the accused

                   persons including this petitioner armed with deadly weapons

                   have abused and assaulted the informant and his nephews due to
Patna High Court CR. MISC. No.18652 of 2026(2) dt.17-04-2026
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          which they received several injuries.

                      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 the

          FIR is in two parts. According to part one, there is general and

          omnibus allegation against all the accused persons including this

          petitioner and according to part two, there is specific allegation

          against the petitioner that he has assaulted to Keshav Singh by

          means of iron chain due to which he received injury but the

          injury report of the injured person suggest that the injury is

          simple in nature caused by hard and blunt substance.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and the injury is simple

          in nature, 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

          the learned C.J.M, Bhagalpur in connection with Kotwali P.S.

          Case No. 96 of 2025, subject to the conditions as laid down
            Patna High Court CR. MISC. No.18652 of 2026(2) dt.17-04-2026
                                                        3/3




                      under Section 438(2) of the Code of Criminal Procedure 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 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)
Vanisha/-

U      T


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