Created by Fuzzy Cloud

Patna High Court

Sudesh Kumar Singh @ Sundesh Singh @ Sudesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.23697 of 2026(2) dt.16-04-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.23697 of 2026(2) dt.16-04-2026
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.