Patna High Court
Sudesh Kumar Singh @ Sundesh Singh @ Sudesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, finding no specific case against him and deeming the injuries simple in nature.
Summary
The petitioner, Sudesh Kumar Singh, sought anticipatory bail in connection with a FIR (Case No.77 of 2025) alleging his involvement in an assault on his brother and others, with charges under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner was among eight accused who attacked the victims with weapons, but the petitioner contended that the FIR did not specifically name him and that the injuries were minor. The court examined the lack of specific allegation against the petitioner and the nature of the injuries. Considering these factors, the court decided to grant anticipatory bail, subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. The order required a bail bond of Rs.10,000 with two sureties and imposed conditions regarding appearance, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
- Whether the FIR specifically implicates the petitioner and whether the alleged injuries warrant denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 351(1), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- assault
- FIR
- criminal procedure
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23697 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- SIMRA District- Aurangabad
======================================================
Sudesh Kumar Singh @ Sundesh Singh @ Sudesh Singh Son of Late Ugrah
Singh Resident of Village - Bairawn, P.S.- Simra, District - Aurangabad
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Simra P.S. Case No.77 of 2025, F.I.R dated
24.12.2025 registered for the offences punishable under
Sections 109(1), 126(2), 115(2), 352, 351(1) and 351(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 23.12.2025,
while he and his brother Avinash Kumar Singh were sowing
wheat in their field, eight named accused persons, including the
petitioner, attacked them with weapons like garasa and rods. His
brother was repeatedly assaulted on the head, and when he tried
to protect himself, his hand was cut by a garasa. On hearing the
commotion, villagers gathered, causing the accused to flee. It
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was also stated that there had been a prior incident in which the
accused had assaulted them, leading to a case and their
imprisonment.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It has further been submitted that the allegation of
assault, as per the F.I.R., is altogether against 8 persons but there
is nothing specific against this petitioner and the injuries
sustained by the informant are found to be simple in nature.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that there is nothing specific against this petitioner and the
injuries sustained by the informant are found to be simple in
nature. Accordingly, this Court is inclined to grant the privilege
of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 C.J.M., Aurangabad, in connection
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with Simra P.S. Case No.77 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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