Patna High Court
Brajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Brajesh Kumar Singh was arrested in a case alleging that he assaulted two government surveyors and a special survey informant on 3 January 2026, leading to charges under Sections 126(2), 115(2), 352, 351(3) and 132 of the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, arguing that the villagers were merely demanding a fair survey and that no injury was caused. He also highlighted his willingness to cooperate with the investigation and asserted that there was no risk of absconding or tampering with evidence, despite having two prior criminal antecedents for which he was on bail. The State opposed the bail application. The Court, after considering the facts, the seriousness of the allegations and the petitioner’s assurances, ordered his release on bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 132, 351(3), 352
Subjects
- bail
- assault
- surveyors
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22329 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Brajesh Kumar Singh S/o Birendra Kumar Singh R/o Village - Gobina, P.S -
Sasaram (M), District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 08-07-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 352, 351(3) and 132 of
the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., it is alleged that on 03.01.2026,
surveyors Ravi Kumar and Pushpa Kumari were doing the
Kishtwar as per the government rules in revenue village Gobina,
in the meantime, this petitioner came and started abusing and
assaulting both the surveyors. When informant, who is working
as a special survey Karoongo, received the said information, he
proceeded to the spot. It is further alleged that the after seeing
the informant, the petitioner caught him by collar and tore his
shirt and assaulted him. The entire incident has been recorded in
Patna High Court CR. MISC. No.22329 of 2026(4) dt.08-07-2026
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the mobile phone of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case. Further submission is that
the villagers had only demanded fair survey. They were
opposing the illegal demand of the survey workers from
performing their official duty. No one has sustained injury in the
alleged occurrence. Petitioner has neither abused any survey
Amin nor disturbed the survey work. Although, petitioner has
two criminal antecedents but he is on bail in both the cases.
Petitioner undertakes to cooperate in the investigation and trial.
There is no chance of absconding of the petitioner or tampering
with the evidence.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties and
nature of allegation, let the above named petitioner be released
on bail, in the event of arrest or surrender before the learned
court below within a period of six weeks from today, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.22329 of 2026(4) dt.08-07-2026
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learned Chief Judicial Magistrate, Rohtas at Sasaram in
connection with Sasaram (M) P.S. Case No. 07 of 2026, 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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