Patna High Court
Upendra Kumar Singh @ Upendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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
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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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