Patna High Court
Sonu Singh @ Diwakar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, holding that the allegations were non‑specific and the possibility of false accusation justified bail under Section 482(2) of the BNSS.
Summary
The petitioners, Sonu Singh and Shubham Kumar, sought bail in a criminal case (Sangrampur PS Case No. 479 of 2025) alleging assault and other offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners, along with co‑accused, attacked the informant’s husband with an iron rod and assaulted the informant, also snatching her necklace. The petitioners contended they were falsely implicated due to an old enmity with the informant, noting the absence of any injury report and highlighting that one petitioner had prior cases lodged by the same informant. The court examined the non‑specific and doubtful nature of the allegations, the possibility of false accusation, and the relevance of Section 482(2) of the BNSS. Considering these factors, the court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties and complying with conditions regarding surety and court appearances.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the allegations.
- Whether the allegations against the petitioners are specific and credible enough to justify denial of bail.
- Whether the alleged old enmity and possibility of false accusation warrant the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- Section 482
- Bharatiya Nyaya Sanhita
- false accusation
- criminal procedure
- assault
- enquiry
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28335 of 2026
Arising Out of PS. Case No.-479 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
1. Sonu Singh @ Diwakar Singh Son of Late Sarda Singh Resident of Village-
Jalaha, P.S.-Sangrampur, District-East Champaran
2. Shubham Kumar Son of Chandra Shekhar Singh Resident of Village-
Khorumpur, P.S. Mohmudpur, District-Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
02. In the present case, the petitioners are apprehending
their arrest in connection with Sangrampur P.S. Case No. 479 of
2025 registered for the alleged offence under Sections 126(2),
115(2), 117(2), 109, 303(2), 352, 351(2) r/w Section 3(5) of
Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, petitioners and other co-
accused persons assaulted the husband of the informant with iron
rod, causing a number of injuries to him. When the informant tried
to save her husband, she was also assaulted and her necklace was
snatched.
04. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.28335 of 2026(2) dt.04-05-2026
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petitioners are innocent and have been falsely implicated in this
case. No occurrence in the manner as alleged as ever taken place.
There is old enmity between the petitioners and the informant side
and Raghunathpur P.S. Case No. 175 of 2025 has been lodged by
the petitioner no. 1 against the informant and her family members.
Learned counsel further submits that no injury report has been
brought on record to show the allegation of assault and the alleged
injury might be non-existent. Learned counsel further submits that
petitioner no. 1 has been made accused in two cases and both the
cases have been lodged by the present informant whereas the
petitioner no.2 is having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the non-
specific nature of allegation against the petitioners and also
considering and doubtful nature of allegation against the petitioner
and further considering the old enmity of the parties and
probability of false accusation, let the petitioners above named, in
the event of their arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail, on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.28335 of 2026(2) dt.04-05-2026
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of learned Chief Judicial Magistrate, East Champaran,
Motihari/court concerned in connection with Sangrampur P.S.
Case No. 479 of 2025, subject to the condition laid down under
Section 482(2) of BNSS and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the court below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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