Patna High Court
Deepak Singh @ Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to all eight petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, eight individuals named in FIR No. 76 of 2024, were charged with offences under Sections 341, 323, 308, 504, 506 and 34 of the Indian Penal Code for allegedly assaulting an informant with a lathi. They applied for anticipatory bail, arguing that the FIR contains only a single head injury and that the allegations of assault are vague, general and omnibus, and that they have clean antecedents. The State opposed the bail. The Court examined the prima facie nature of the allegations and noted the lack of substantial injury, concluding that the accusations were not sufficient to deny bail. Accordingly, the Court ordered that all eight petitioners be released on anticipatory bail 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, 2023. The order was made by Justice Chandra Shekhar Jha of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of offences under IPC sections 341, 323, 308, 504, 506 and 34.
- Whether the allegations in the FIR are prima facie sufficient to deny bail.
- Whether the petitioners' clean antecedent warrants the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 308, 323, 34, 341, 504, 506
Subjects
- anticipatory bail
- physical assault
- clean antecedent
- general and omnibus allegations
- Section 482
- Bihar
- IPC sections 341, 323, 308, 504, 506, 34
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27905 of 2026
Arising Out of PS. Case No.-76 Year-2024 Thana- BARAHAT District- Banka
======================================================
1. Deepak Singh @ Deepak Kumar Singh S/O Amar Singh R/O Village-
Khaira, Police Station- Barahat, District- Banka.
2. Sandeep Kumar @ Sanjeev Singh S/O Amar Singh R/O Village- Khaira,
Police Station- Barahat, District- Banka.
3. Gautam Singh @ Gautam Kumar Singh S/O Yugal Prasad Singh @ Jugal
Singh R/O Village- Khaira, Police Station- Barahat, District- Banka.
4. Pradip Singh @ Pradip Kumar S/O Shambhu Prasad Singh R/O Village-
Khaira, Police Station- Barahat, District- Banka.
5. Kedar Singh S/O Late Sattan Singh R/O Village- Khaira, Police Station-
Barahat, District- Banka.
6. Jitendra Singh S/O Raju Prasad Singh R/O Village- Khaira, Police Station-
Barahat, District- Banka.
7. Dilip Singh @ Dilip Kumar Singh S/O Kedar Singh R/O Village- Khaira,
Police Station- Barahat, District- Banka.
8. Fantush Singh @ Fantush Kumar Singh S/O Kedar Singh R/O Village-
Khaira, Police Station- Barahat, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State .
2. The petitioners named in the F.I.R. and
apprehending their arrest in connection with Barahat P.S. Case
No. 76 of 2024, registered for the offence punishable under
Sections 341, 323, 308, 504, 506, 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.27905 of 2026(2) dt.30-04-2026
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3. As per the F.I.R., the petitioners alleged to have
assaulted the informant by lathi when he refused them to
provide car.
4. It is submitted by learned counsel for the petitioner
that upon bare perusal of the F.I.R., it can be safely said that
allegation of physical assault is appearing against all 8 persons
but in the background of same, only one injury on head was
noticed by the Doctor, which makes allegations doubtful. It is
further submitted that moreover the allegation of physical
assault appearing very much general and omnibus in nature. All
petitioners claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. In view of the aforesaid factual submissions and by
taking note of the fact as allegation of physical assault prima
facie appearing very much general and omnibus against all
aforesaid named petitioners, accordingly, all above named 8
petitioners, who are person with clean antecedent, in the event
of their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Chief Judicial Magistrate, Banka/Court
Patna High Court CR. MISC. No.27905 of 2026(2) dt.30-04-2026
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concerned, in connection with Barahat P.S. Case No. 76 of
2024, 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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