Patna High Court
Harendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bihar Negotiable Securities Act — s. 115(2), 117(2), 126(2), 3(5), 351(2), 352, 74
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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:-
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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.
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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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