Patna High Court

Sonu SinghversusThe State of Bihar

Decided: 17 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that bail should be granted to the petitioners, subject to bond and sureties, given the minor nature of the injury, lack of criminal antecedent, and the political rivalry context.

Summary

The petitioners, Sonu Singh and Bishnu Singh, were apprehended for alleged assault on an informant under multiple sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioners, along with unknown persons, abused and assaulted the informant, with petitioner no. 2 allegedly delivering a knife blow to the chest. The petitioners contended they were falsely implicated due to a political rivalry and minor clash between villagers, asserting no prior criminal record and willingness to cooperate with investigation. The State opposed bail, but the court considered the nature of the injury, the petitioners' clean antecedent, and the political context. Accordingly, the court ordered bail on the condition of a Rs.10,000 bond with two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether the petitioners are entitled to bail for offences under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita.
Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita justify granting bail in the present case.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352

Subjects

bail
criminal procedure
assault
political rivalry
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482(2)
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24245 of 2026
                       Arising Out of PS. Case No.-297 Year-2025 Thana- DAUDPUR District- Saran
                 ======================================================
           1.     Sonu Singh S/o- Teras Singh R/O Vill- Gairatpur PS- Manjhi Distt- Saran
           2.    Bishnu Singh S/o- Ravindra Singh R/O Vill- Gairatpur PS- Manjhi Distt-
                 Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shekhar Harshvardhan, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-04-2026                        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), 118(1), 109(1), 352,

                   351(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, all the accused persons

                   including the petitioners and 4-5 unknown persons abused and

                   assaulted the informant. It is alleged that petitioner no. 1 caught

                   hold the informant and petitioner no. 2 gave knife blow which

                   hit on his right side of chest.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in the

                   present case. Further submission is that both the parties are co-
            Patna High Court CR. MISC. No.24245 of 2026(2) dt.17-04-2026
                                                        2/2




                      villagers and due to political rivalry, a minor clash took place in

                      which both sides have got injuries. There is case and counter

                      case between the parties. The nature of the injury to the injured

                      is simple. Petitioners have no criminal antecedent. They

                      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 injury and fair antecedent of the petitioners, let the above

                      named petitioners 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 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, Saran at Chapra in connection with

                      Daudpur P.S. Case No. 297 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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