Patna High Court

Sunil Singh @ Sunil Kumar SinghversusThe State of Bihar

Decided: 30 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to a bail bond and sureties, as the allegations against him are general and the injuries are simple.

Summary

The petitioner, Sunil Singh, applied for anticipatory bail fearing arrest in connection with Madhuban Police Station Case No. 322 of 2025, which is registered under several sections of the B.N.S.S, 2023. He contended that the FIR only specifically alleges assault on the informant by co‑accused Abhishek Kumar and Sandeep Kumar, and that the allegation against him is merely a general, omnibus one with only simple injuries. The State opposed the bail application. The Court examined the nature of the allegations and the simplicity of the alleged injuries, and concluded that the petitioner does not face serious charges warranting denial of bail. Accordingly, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the conditions of Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.S, 2023. The order is effective for a period of four weeks from the date of arrest or surrender before the lower court.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the general nature of the allegation against him.
Whether the FIR specifically implicates the petitioner or merely contains a generic allegation of assault.
Whether the conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023 justify granting bail.

Legislation cited

B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
general allegation
simple injuries
Section 438
Section 482
criminal procedure
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25629 of 2026
                 Arising Out of PS. Case No.-322 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Sunil Singh @ Sunil Kumar Singh, S/O Late Rajendra Singh @ Rajendra
                 Sinha, Resident Of Village- Dulma Ward No -06, P.S- Madhuban, Dist- East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Vikram
                 For the Opposite Party/s :      Mr. Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   30-04-2026                      1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                    2. The petitioner apprehends his arrest in

                   connection with Madhuban P.S. Case no. 322 of 2025 registered

                   under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109,

                   352, 351(2), 351(3) of BNS, 2023.

                                    3. Learned counsel for the petitioner is permitted to

                   make correction in paragraph 3 of the petition as the P.S. Case

                   number of the present case has been stated in place of

                   Madhuban P.S. Case No. 131 of 2014.

                                    4. Learned counsel for the petitioner submits that it

                   would be evident from the first information report itself that

                   specific allegation of assaulting the informant on his head is
            Patna High Court CR. MISC. No.25629 of 2026(2) dt.30-04-2026
                                                        2/3




                      against one co-accused Abhishek Kumar and Sandeep Kumar.

                      So far as the petitioner is concerned there is only general and

                      omnibus allegation of assault. Moreover, it would appear from

                      the bail rejection order itself that all the injuries appear to be

                      simple in nature.

                                      5. The application for anticipatory bail is opposed

                      by learned A.P.P. for the State.

                                      6. Taking into consideration the aforesaid facts and

                      circumstances of the case and also considering the general and

                      omnibus nature of allegation against the petitioner and the

                      simple nature of injuries, in the event of his arrest or surrender

                      before the learned Court below within a period of four weeks,

                      be released on anticipatory bail in connection with Madhuban

                      P.S. Case no. 322 of 2025 on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned Court concerned where

                      the case is pending/Successor Court, subject to the condition

                      laid down under Section 438(2) of the Code of Criminal

                      Procedure/Section 482(2) of the B.N.S.S, 2023.




                                                (Soni Shrivastava, J)
khushbu/-
        Patna High Court CR. MISC. No.25629 of 2026(2) dt.30-04-2026
                                                    3/3




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