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Patna High Court

Harendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for anticipatory bail, imposing conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

Harendra Singh sought anticipatory bail after being implicated in Parsa Bazar Police Station Case No. 340 of 2025 for alleged assault under several sections of the Bihar Negotiable Securities Act (B.N.S.). The prosecution alleged that he threw a brick at an informant, injuring his face, and also assaulted the informant's wife. The petitioner contended that he was falsely implicated, that a counter‑case (Case No. 341 of 2025) existed where he was the victim, and that he has a clean antecedent. The State opposed the bail, but the Court considered the facts, the petitioner’s claim of false implication, and the need to prevent undue harassment. The Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and specific conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., including personal presence in court and verification of antecedents. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the allegations under the B.N.S.
  • Whether the conditions imposed by the Court are appropriate to balance the interests of justice and the petitioner’s right to liberty

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • assault
  • false implication
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2576 of 2026
                     Arising Out of PS. Case No.-340 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Harendra Singh Son of Late Ram Bachan Singh Resident of Village -
                 Sakraicha, P.S.- Parsa Bazar, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajit Ranjan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Parsa Bazar P.S. Case No. 340 of 2025 registered for the

                   offences under Sections 126(2), 115(2), 117(2), 74, 352, 351(2)

                   and 3(5) of the B.N.S.

                                3. As per the prosecution story, the allegation against

                   the petitioner is that he assaulted the informant by throwing a

                   brick causing injury on his face and below the right eye. It is

                   further alleged that when the wife of the informant came to his

                   rescue, she was ill-treated.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in the present case and

                   that no such occurrence, as alleged, ever took place. It has
Patna High Court CR. MISC. No.2576 of 2026(2) dt.28-01-2026
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          further been submitted that for the same occurrence, a counter

          case was also lodged against the informant side by the

          petitioner, being Parsa Bazar P.S. Case No. 341 of 2025, who

          himself sustained injuries and the treatment report has been

          brought on record by way of Annexure-P/2. It has been

          submitted that the present occurrence had occurred on account

          of personal dispute. It has lastly been submitted that the

          petitioner carries clean antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioner above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks

          from today, on furnishing bail bonds of Rs.10,000/-(ten

          thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Parsa Bazar P.S.

          Case No. 340 of 2025 subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure read

          with corresponding Section 482(2) of B.N.S.S. as well as

          subject to the following conditions:-
Patna High Court CR. MISC. No.2576 of 2026(2) dt.28-01-2026
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                          (i) One of the bailors of the petitioner shall be his

                          close relative.

                          (ii) The petitioner shall remain physically present

                          in Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates, or

                          in violation of the terms of the bail, the bail bond of

                          the petitioner will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioner is found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of his bail bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioner and in case at

                          any stage it is found that the petitioner has

                          concealed his criminal antecedent, the court below

                          shall take step for cancellation of bail bond of the

                          petitioner. However, the acceptance of bail bonds in

                          terms of the above-mentioned order shall not be

                          delayed for purpose of or in the name of

                          verification.

                       7. Accordingly, the prayer for anticipatory bail is

          allowed.
           Patna High Court CR. MISC. No.2576 of 2026(2) dt.28-01-2026
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                                  8. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

U


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