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Patna High Court

Binod Singh @ Binod Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Binod Singh, was arrested on 17 October 2025 in connection with FIR No. 394 of 2025 alleging multiple offences under the Bihar Narcotic Substances Act, 2023, including assault and related charges. He applied for bail, asserting a clean criminal record and contending that the specific allegation of assault against the deceased pertains to a co‑accused, Suraj Kumar, with no direct allegation against him. The prosecution, represented by the Additional Public Prosecutor, opposed bail, arguing that the petitioner participated in the assault on Santosh Kumar, resulting in grievous injuries. The court noted the petitioner's clean antecedent, the fact that a co‑accused had already been granted bail, and the prolonged period of custody. Consequently, the court granted bail on a Rs. 10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Sub‑Divisional Judicial Magistrate, Sherghati, Gaya.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bihar Narcotic Substances Act, 2023.
  • Whether the petitioner's clean antecedent and the grant of bail to a co‑accused justify release on bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • clean antecedent
  • Bihar Narcotic Substances Act
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21511 of 2026
                      Arising Out of PS. Case No.-394 Year-2025 Thana- MOHANPUR District- Gaya
                 ======================================================
                 Binod Singh @ Binod Kumar Singh Son of Deopati Narayan Singh @
                 Deopati Singh R/o Village - Jamuna, P.S. - Mohanpur, Dist. - Gayajee.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Nand Kumar, APP
                 For the Informant        :      Ms. Richa Rajiv Singh, Advocate
                                                 Mr. Manish Kumar Paswan, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   22-04-2026                      Heard Mr. Sanjay Kumar Singh, learned counsel for

                   the petitioner, Ms. Richa Rajiv Singh, learned counsel for the

                   informant and Mr. Nand Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   17.10.2025 in connection with Mohanpur P.S. Case No. 394 of

                   2025, F.I.R. dated 16.10.2025 for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 117(2), 118(2), 109, 74, 303(2),

                   351(3) and 3(5) of the BNS, 2023 and later on Section 103 of

                   the BNS, 2023 was added.

                               3.     According to prosecution case, all the accused

                   persons including this petitioner have assaulted to the informant
Patna High Court CR. MISC. No.21511 of 2026(3) dt.22-04-2026
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          and his family members due to which they received injuries.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. Although the petitioner is named

          in the FIR but from perusal of the FIR it appears that the

          specific allegation of assault against the deceased is attributed

          against the co-accused person, namely, Suraj Kumar and there is

          no allegation against the petitioner that he has assaulted the

          deceased. The only allegation against the petitioner is that he

          along with Malti Devi have assaulted to one Santosh Kumar. He

          further submits that the police after investigation submitted the

          charge sheet against the petitioner. He further submits that

          similarly situated, co-accused, namely, Chandan Kumar & anr.

          have been granted bail by this Court vide order dated

          23.03.2026 passed in Cr. Misc. No. 6471 of 2026.              The

          petitioner is in custody since 17.10.2025.

                      5. The learned counsel for the informant as well as

          learned Additional Public Prosecutor have vehemently opposed

          the prayer for bail of the petitioner and submits that from

          perusal of the FIR it appears that the petitioner has participated

          in the present crime in question and he has assaulted to Santosh

          Kumar due to which he received injury and injury report suggest
Patna High Court CR. MISC. No.21511 of 2026(3) dt.22-04-2026
                                            3/4




          that the injury is grievous in nature.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, specific allegation of

          assault against the deceased is against the co-accused Suraj

          Kumar as who has been granted bail by this Court as well as

          period of custody, let the petitioner, above named, 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 SDJM, Sherghati, Gaya in connection with

          Mohanpur P.S. Case No. 394 of 2025, subject to the 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
            Patna High Court CR. MISC. No.21511 of 2026(3) dt.22-04-2026
                                                        4/4




                      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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