Patna High Court
Surajdeo Singh @ Suraj @ Surya Dev SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in view of the simple nature of injuries, lack of repeated assault and clean antecedent, anticipatory bail was appropriate under Section 482(2).
Summary
Surajdeo Singh was named in an FIR for allegedly assaulting an informant with an iron rod and subsequently stone‑pelting her husband, leading to injuries. The petitioner contended that the assault was not repeated, the injuries were simple, and the incident was a free fight in which he also sustained injuries, asserting a clean antecedent. He applied for anticipatory bail, which the State opposed. The court examined the medical report and the nature of the alleged offences under the Bharatiya Nagarik Suraksha Sanhita, 2023, and found no prima facie intention to cause death. Consequently, the court granted anticipatory bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the alleged assault constitutes a serious offence warranting denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- intent to cause death
- clean antecedent
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26532 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- BARABAR TOURIST District- Jehanabad
======================================================
Surajdeo Singh @ Suraj @ Surya Dev Singh S/O Indradeo Singh @ Indra
Dev Singh R/O Village- Bhagwanpur, P.S- Vishunganj, (Barabar Tourism),
Dist- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. The petitioner named in the F.I.R. and
apprehending his arrest in connection with Barabar Tourism
(Vishnuganj) P.S. Case No.04 of 2026. registered for the offence
punishable under Sections 115(2), 126(2), 109(1), 352, 351(2),
3(5) of the B.N.S., 2023.
3. As per the F.I.R., petitioner alleged to have
assaulted the informant by using iron rod in back of her head
and when the husband came to rescue her, the accused petitioner
along with other co-accused persons starting on pelting stone
upon them due to which the husband of the informant also
received serious injuries.
Patna High Court CR. MISC. No.26532 of 2026(2) dt.30-04-2026
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4. It is submitted by learned counsel for the petitioner
that even as per the F.I.R. the assault which is alleged to be
made specifically by this petitioner in the back of the head of
the informant not appears repeated. It is also pointed out that
upon medical examination, the nature of injuries found simple
in nature, which negates the intention to cause death out of
alleged assault.
5. It is further argued that occurrence was free fight
wherein petitioner has also received injury for which a case was
also lodged by the petitioner’s side which was registered
as Barabar Tourism (Vishunganj) P.S. Case No.5 of 2026.
It is further submitted that the petitioner claims clean
antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie assault alleged to be made
by petitioner not appears repeated, wherein injury as found after
medical examination was also simple in nature, prima facie
negates intention to cause death, accordingly, the petitioner, as
named above, who is person of clean antecedent, in the event of
his arrest or surrender within four weeks from today, be
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enlarged on bail 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 Judicial Magistrate, Ist Class,
Jehanabad, in connection with Barabar Tourism (Vishnuganj)
P.S. Case No.04 of 2026, subject to the conditions laid down
under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Chandra Shekhar Jha, J)
sanjeev/-
U T
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