Patna High Court

Shashi Singh @ Shashikant Kumar SinghversusThe State of Bihar

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

Holding

The court granted bail to the petitioners subject to the conditions specified under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Shashi Singh and Radhey Singh, were accused of assaulting the husband of an informant with a stick and a club, resulting in simple injuries, under Sections 126(2), 115(2), 118(1), 109, 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita. They claimed innocence, alleging that the case stemmed from a land dispute between agnate relatives and was lodged two days after the incident without justification. The State opposed the bail application, while the petitioners highlighted their clean criminal record and willingness to cooperate with the investigation. The court examined the nature of the injury, the petitioners' antecedents, and the circumstances of the filing. Considering these factors, the court ordered that the petitioners be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail order was issued by Justice Sunil Dutta Mishra.

Issues considered

Whether the petitioners are entitled to bail under the circumstances of the assault case
Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita justify granting bail

Legislation cited

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

Subjects

bail
criminal procedure
assault
land dispute
clean antecedent
Section 482
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24270 of 2026
                 Arising Out of PS. Case No.-907 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
           1.     Shashi Singh @ Shashikant Kumar Singh Son of Radhey Singh R/o Village
                  - Barki(Dewkali), P.O. - Akorih, P.S. - Mohania, Dist. - Kaimur at Bhabhua.
           2.    Radhey Singh Son of Gudari Singh R/o Village - Barki(Dewkali), P.O. -
                 Akorih, P.S. - Mohania, Dist. - Kaimur at Bhabhua.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, 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, 352,

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

                               3. As per the prosecution case, the petitioners assaulted

                   the husband of the informant by means of hasua and banka, due

                   to which he sustained injury.

                              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

                   agnates and due to land dispute, the present case has been
            Patna High Court CR. MISC. No.24270 of 2026(2) dt.17-04-2026
                                                        2/2




                      lodged after a delay of two days without any plausible reason.

                      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 clean 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 Sessions Judge,

                      Kaimur at Bhabua in connection with Mohania P.S. Case No.

                      907 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

Continue reading with your account

Checking your session…