Patna High Court
Arun Kumar @ Arun Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioners, subject to bail bonds and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, five young men from Dighwara, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for alleged assault on an informant and others. The prosecution alleged that fourteen accused, including the petitioners, participated in the assault. The petitioners contended they were falsely implicated, stating the incident arose from a dispute over playing in a ground and that injuries were minor, with no specific allegation against them. They highlighted that seven co‑accused had already been granted anticipatory bail in a related matter. After considering the submissions, the nature of the allegations, and the precedent of bail to similarly situated co‑accused, the court ordered that the petitioners be released on anticipatory bail if arrested or surrendered within six weeks, subject to bail bonds and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 324(4), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21077 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- DIGHWARA District- Saran
======================================================
1. Arun Kumar @ Arun Kumar Singh S/o- Yogendra Singh R/v- Malkha Chak
PS-Dighwara Dist- Saran
2. Nitesh @ Nitesh Singh S/o- Arun Kumar Singh R/v- Malkha Chak PS-
Dighwara Dist- Saran
3. Shubham Kumar @ Shubham Kumar Singh S/o- Pramod Kumar Singh R/v-
Malkha Chak PS-Dighwara Dist- Saran
4. Ankit Kumar @ Ankit Kumar Singh S/o- Mantu Singh R/v- Malkha Chak
PS-Dighwara Dist- Saran
5. Sandeep Kumar @ Santosh Kumar Singh S/o- Late Muri Singh R/v- Malkha
Chak PS-Dighwara Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 324(4), 109, 352,
351(2) and 3(5) of Bharatiya Nyaya Sanhita.
3. As per the prosecution case, 14 named accused
persons, including the petitioners, assaulted the informant and
also assaulted those, who came to save the informant and others.
4. Learned counsel for the petitioners submits that
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petitioners are innocent and have falsely been implicated in the
present case. Further submission is that on account of dispute
relating to playing in the ground, an altercation took place
between the parties, in which both sides sustained injuries.
There is case and counter case between the parties for the same
occurrence. The injuries suffered by the injured have been
opined to be simple in nature, except that of Sujeet, Abhishek
and Yuvraj, whose opinion with regard to the injury has been
reserved. There is no specific allegation against the petitioners.
He next submits that 14 persons have been made accused in this
case and 7 accused persons have already been granted
anticipatory bail by a Co-ordinate Bench of this Court vide order
dated 02.04.2026 passed in Cr. Misc. No. 18847 of 2026.
Petitioners undertake to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case, submissions of learned counsel for the parties,
nature of allegation and the fact that similarly situated co-
accused persons have been granted anticipatory bail, let the
above named petitioners be released on bail, in the event of
arrest or surrender before the learned court below within a
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period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-I, Saran at Chapra in connection with
Dighwara P.S. Case No. 432 of 2025, subject to the conditions
as laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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