Patna High Court
Satish Kumar @ Satish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure — s. 438(2)
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
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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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