Patna High Court
Dharmendra Kumar Singh @ TuntunversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court denied anticipatory bail to the petitioners.
Summary
The petitioners, Shashi Kumar Singh and Harsh Kumar Singh, sought anticipatory bail in a case arising from PS Singhiya Case No. 186 of 2025, which alleged their involvement in a violent attack on an informant during an election dispute. The prosecution alleged that the petitioners, along with other accused, used weapons such as iron rods, knives, and swords to assault and attempt to kill the informant, with specific acts attributed to each petitioner. The petitioners argued they were falsely implicated, citing lack of material evidence beyond the victim's statement, inconsistencies with the medical injury report, and no prior criminal record. The State, represented by the informant’s counsel and the A.P.P., opposed the bail, emphasizing the direct allegations and corroborating injury report. After considering the injury report and the seriousness of the allegations, the Court rejected the petitioners' request for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in light of the allegations of assault and attempted murder.
- Whether the evidence, including the injury report, sufficiently justifies denial of anticipatory bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 191(2), 303(2), 351(2), 352
Subjects
- anticipatory bail
- criminal law
- assault
- attempted murder
- election dispute
- injury report
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3595 of 2026
Arising Out of PS. Case No.-186 Year-2025 Thana- SINDHIYA District- Samastipur
======================================================
1. Shashi Kumar Singh S/o- Arun Kumar Singh R/v- Lagma Ps- Sighiya Dist-
Samastipur
2. Harsh Kumar Singh @ Harsh Kumar, S/o- Sanjay Kumar Singh R/v- Lagma
Ps- Sighiya Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3112 of 2026
Arising Out of PS. Case No.-186 Year-2025 Thana- SINDHIYA District- Samastipur
======================================================
Dharmendra Kumar Singh @ Tuntun Son of Lakhindra Prasad Singh Resident
Of Village- Flat no. 150, AIIMS, CGHS Charak Sadan Apartment, P.S.-
Vikaspuri, West Delhi, Delhi At Present Residing at Village- Lagma, Ps-
Singhia, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 3595 of 2026)
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
Mr. Shekhar Kumar Singh, Advocate
Mr. Rupesh Kumar Singh, Advocate
(In CRIMINAL MISCELLANEOUS No. 3112 of 2026)
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
Mr. Shekhar Kumar Singh, Advocate
Mr. Rupesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
Patna High Court CR. MISC. No.3595 of 2026(3) dt.01-04-2026
2/3
with Singhiya P.S. Case No. 186 of 2025, instituted for the
offences under Sections 115(2), 126(2), 118(1), 191(2), 109,
303(2), 351(2) and 352 of the B.N.S.
3. As per the prosecution case, on the date of
occurrence petitioners along with F.I.R. named accused persons
and 6 to 7 unknown persons due to election dispute came with
iron rod, knife, sword and katta and surrounded the informant
when he had gone to see cultural programme. It is alleged that
Dharmendra Kumar Singh @ Tuntun Singh ordered to kill the
informant. Shashi Kumar Singh and Ashutosh Kumar Singh put
a leather belt around his neck and pressed. Dharmendra Kumar
Singh gave sword blow on the head of informant to kill him.
Harsh Kumar and Rishi Kumar pierced knife in his back and
broken the same in his back.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case due to previous enmity and election dispute. Except the
statement of victim there is no material against the petitioners.
Independent witnesses have not fully supported the prosecution
version. The allegation levelled against the petitioners do not
tally with the medical injury report. Petitioners have no criminal
antecedent. They undertake to co-operate in the investigation
Patna High Court CR. MISC. No.3595 of 2026(3) dt.01-04-2026
3/3
and trial.
5. Learned counsel for the informant and learned
A.P.P. for the State oppose the prayer for anticipatory bail of the
petitioners and submit that there is direct allegation against the
petitioners causing assault on the victim/ informant.
6. It appears from the injury report of
injured/informant Manish Kumar that he sustained several
injuries on his body including incised and stab injury. Except
injury no. 1, nature of other injuries are opined as grievous. It is
also noted that broken part of sharp instrument handed over to
Police (I.O.).
7. Considering the fact and circumstances of the case
and submissions made on behalf of the parties, nature of
allegation against the petitioners corroborated by injury report,
this Court is not inclined to enlarge the petitioners on
anticipatory bail. Accordingly, the prayer for anticipatory bail of
the petitioners is rejected.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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