Patna High Court
Ujjwal Kumar Singh @ Ujjwal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, in view of the lack of corroboration of the prosecution’s allegations and the existence of a counter‑case, anticipatory bail could be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, subject to prescribed conditions.
Summary
The petitioner, Ujjwal Kumar Singh, sought anticipatory bail fearing arrest in a case (PS Case No. 98 of 2025) involving multiple offences under the Bharatiya Nagrik Suraksha Sanhita (B.N.S.). The prosecution alleged that Singh participated in an assault on an informant during a land dispute, resulting in a head injury and theft of Rs. 5,000. Singh contended he was falsely implicated, the injury was minor and not corroborated, and he had a pending criminal case for which he was on bail. The State opposed the bail, arguing the seriousness of the charges. The Court, noting the lack of corroborative evidence, the existence of a counter‑case, and Singh’s willingness to cooperate, granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
- Whether the prosecution's allegations are sufficiently corroborated by the injury report.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 308(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- land dispute
- assault
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2885 of 2026
Arising Out of PS. Case No.-98 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Ujjwal Kumar Singh @ Ujjwal Kumar Son of Brijnandan Singh Resident of
village - Barharwa Khurd, Ps- Dumariyaghat, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Dumariyaghat P.S. Case No. 98 of 2025, instituted under
Sections 126(2), 308(2), 352, 351(2), 115(2), 118(1), 109(1),
303(2), 3(5) of the B.N.S.
3. As per the prosecution case, on the date of
occurrence all the F.I.R. named accused persons including the
petitioner came and co-accused Brijnandan Singh asked him to
deliver the said land to him. On protest, co-accused Ravindra
Singh ordered to kill the informant, on which petitioner
assaulted the informant with farsa causing head injury. Other
accused persons also assaulted the informant. They snatched
Patna High Court CR. MISC. No.2885 of 2026(3) dt.07-04-2026
2/3
cash of Rs. 5,000/- from the informant's pocket.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Due to land dispute altercation took place between the
parties in which both the parties got injures for which there is
case and counter case. Both the parties are neighbours. Injuries
of the informant is found to be simple in nature caused by hard
and blunt substance and the same does not corroborate the
prosecution case. Petitioner has one criminal antecedent in
which he is on bail. Petitioner undertakes to co-operate in the
investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
submission of learned counsel for the parties, case and counter
case between the parties and allegation against the petitioner not
corroborated with injury report, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sub-divisional Judicial
Magistrate, Motihari, East Champaran in connection with
Patna High Court CR. MISC. No.2885 of 2026(3) dt.07-04-2026
3/3
Dumariyaghat P.S. Case No. 98 of 2025, subject to the
conditions laid down in Section 482 (2) of the Bharatiya Nagrik
Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…