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Patna High Court

Upendra Kumar Singh @ Upendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.

Summary

The petitioner, Upendra Kumar Singh, sought anticipatory bail fearing arrest in a case alleging assault with an iron rod and violations of several sections of the B.N.S. and the Arms Act. The prosecution alleged that the petitioner injured the informant during a dispute, while the petitioner claimed the incident was a simple altercation arising from a long-standing land dispute, with both parties sustaining minor injuries. The State and the informant opposed the bail, arguing the seriousness of the offences. The court considered the nature of the injuries, the case and counter‑case between neighbours, and the circumstances of the dispute. It concluded that the allegations did not warrant denial of bail and granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S. for the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the B.N.S. and the Arms Act
  • Whether the nature of the injuries and the surrounding land dispute justify denial of bail

Legislation cited

  • Arms Act — s. 25(1-B)(a), 26
  • B.N.S. — s. 109(1), 118(2), 126(2), 3(5), 351(2), 352, 74
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • assault
  • land dispute
  • Arms Act
  • Section 482
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19938 of 2026

                   Arising Out of PS. Case No.-465 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
                 ======================================================
                 Upendra Kumar Singh @ Upendra Singh S/O Vishwanath Singh Resident Of
                 Village- Derwan, P.s.- Kudra, District- Kaimur Bhabua

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Nawal Kishor Singh, Advocate
                 For the State           :        Ms. Sharda Kumari, APP
                 For the Informant       :        Mr. Krishna Pd. Singh, Sr. Advocate
                                                  Mr. Rakesh Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned senior counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 118(2),

                   126(2), 109(1), 74, 352, 351(2) and 3(5) of the B.N.S. and

                   Sections 25(1-B)(a) and 26 of the Arms Act.

                                3. As per prosecution case, this petitioner is alleged to

                   have assaulted on the head of informant with iron rod.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.19938 of 2026(2) dt.08-04-2026
                                            2/3




          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. As a matter of fact, both parties are close

          door neighbours and on account of long standing land dispute, a

          simple maar-peet took place between the parties in which both

          sides sustained injuries. There is case and counter-case. Doctor

          has found the injuries, allegedly caused by this petitioner,

          simple in nature.

                       5. Learned A.P.P. for the State and learned senior

          counsel for the informant have vehemently opposed the prayer

          for grant of anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, case and counter-case between the parties and nature of

          injuries allegedly caused by this petitioner, the prayer for grant

          of anticipatory bail to the petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged 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 A.C.J.M.-II, Mohniya,

          District- Kaimur at Bhabhua in connection with Kundra P.S.
             Patna High Court CR. MISC. No.19938 of 2026(2) dt.08-04-2026
                                                         3/3




                       Case No. 465 of 2025, subject to condition as laid down under

                       Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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