Patna High Court
Govind Kumar @ Govind SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court denied anticipatory bail to petitioner 3 (Uday Singh) but granted anticipatory bail to petitioners 1 and 2 (Govind Kumar and Krishnadeo Singh) subject to conditions under Section 438(2) CrPC.
Summary
The petitioners, three residents of Balua village, sought anticipatory bail fearing arrest in a FIR (Riga P.S. Case No. 424/2025) filed under several sections of the BNS Act relating to assault, robbery, and outraging modesty. The informant, Geeta Devi, alleged a land dispute‑related attack in which Uday Singh allegedly struck her mother‑in‑law with a knife, while the other two accused were said to have taken ornaments and outraged modesty. The petitioners argued that the FIR was exaggerated and that only Uday Singh was specifically implicated, with the alleged injury being simple. The State contended that the knife attack was recorded and the injury was serious. The court rejected anticipatory bail for Uday Singh but, noting the lack of prior criminal antecedents of the other two petitioners, granted them anticipatory bail subject to conditions under Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC.
- Whether the FIR is exaggerated and the alleged injury is simple, warranting bail.
- Whether the nature of offences under the BNS Act justifies denial of bail for any petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- BNS Act
- land dispute
- assault with knife
- FIR
- bail conditions
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31270 of 2026
Arising Out of PS. Case No.-424 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
1. Govind Kumar @ Govind Singh S/O Krishnadeo Singh @ Kishandeo Singh
Resident of Village- Balua, P.S.- Riga, Dist- Sitamarhi.
2. Krishnadeo Singh @ Kishandeo Singh S/O Late Bela Mahto Resident of
Village- Balua, P.S.- Riga, Dist- Sitamarhi.
3. Uday Singh @ Uday Mahto S/O Bharat Singh Resident of Village- Balua,
P.S.- Riga, Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard the parties.
2. The petitioners are apprehending arrest in
connection with Riga P.S Case No. 424/2025 registered for the
offences U/s 126(2), 115(2), 117(2), 303(2), 118(1), 74, 352,
351(2), 3(5) of the BNS Act lodged on 03.11.2025 by the
informant, Geeta Devi.
3. As per the prosecution story, the informant alleged
that due to land dispute, the accused persons assaulted and
specific allegation against Uday Singh (petitioner no.3) is of
giving knife blow to mother-in-law of the informant. The
allegation of taking away the ornaments and outraging the
Patna High Court CR. MISC. No.31270 of 2026(2) dt.07-05-2026
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modesty is on other accused persons. This led to the FIR.
4. Learned counsel for the petitioners submit that
exaggerated FIR is there in which all the family members have
been implicated though omnibus allegation is against all of
them. Only Uday Singh has been singled out but the injury has
been found to be simple in nature.
5. Learned APP opposes the prayer submitting that
allegation of using knife on the head of the mother-in-law of the
informant has been recorded and as such vital part has been
injured.
6. Considering the submissions of the parties, so far as
the anticipatory bail of petitioner no.3, Uday Singh @ Uday
Mahto is concerned, the same stands rejected.
7. Regarding petitioner no.1, Govind Kumar @
Govind Singh and petitioner no.2, Krishnadeo Singh @
Kishandeo Singh is concerned, they do not have criminal
antecedent, in that background, this Court is inclined to extend
them the privilege of anticipatory bail.
8. Let the petitioner no.1, Govind Kumar @ Govind
Singh and petitioner no.2, Krishnadeo Singh @ Kishandeo
Singh be released on bail, in the event of their arrest or
surrender before the concerned court within a period of four
Patna High Court CR. MISC. No.31270 of 2026(2) dt.07-05-2026
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weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each in connection with Riga P.S Case No. 424/2025 to
the satisfaction of learned A.C.J.M.-I, Sitamarhi subject to the
conditions as laid down under Section 438(2) of the Cr.P.C. as
also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner no.1, Govind Kumar @
Govind Singh and petitioner no.2, Krishnadeo Singh @
Kishandeo Singh who shall provide official document (Aadhar
Card/Driving License/Voter ID/Pan Card etc.) to show his/her
bona fide;
(ii) The petitioner no.1, Govind Kumar @ Govind
Singh and petitioner no.2, Krishnadeo Singh @ Kishandeo
Singh shall be appearing before the police station as and when
required for cooperating in the investigation;
(iii) the petitioner no.1, Govind Kumar @ Govind
Singh and petitioner no.2, Krishnadeo Singh @ Kishandeo
Singh shall appear on each and every date before the Trial Court
and failure to do so for two consecutive dates without plausible
reason will entail cancellation of their bail bond by the Trial
Court itself;
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(iv) the petitioner no.1, Govind Kumar @ Govind
Singh and petitioner no.2, Krishnadeo Singh @ Kishandeo
Singh shall appear before the concerned police station every
fortnight for next six months to mark their attendance and at the
end of the period a certificate be submitted before the Trial
Court failing which the State shall be at liberty to take steps for
cancellation of bail bonds;
(v) the petitioner no.1, Govind Kumar @ Govind
Singh and petitioner no.2, Krishnadeo Singh @ Kishandeo
Singh shall in no way try to induce or promise or threat the
witnesses or tamper with the evidences, failing which the State
shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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