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Patna High Court

Dinesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to anticipatory bail under Section 438(2) CrPC and Section 482 BNSS, subject to a bail bond and sureties.

Summary

The petitioner, Dinesh Singh, a 60‑year‑old resident of Warshi village, filed an anticipatory bail application fearing arrest in connection with PS Tarari Case No. 21 of 2026, which alleges offences under Sections 126(2), 115(2), 109, 74, 352, 351(2) and 3(5) of the BNSS for assaulting a victim. The prosecution contended that the petitioner and co‑accused had assaulted the victim, while the petitioner maintained his innocence and argued that he had been falsely implicated, noting that a co‑accused, Rohit Kumar, had already been granted bail. The learned counsel for the petitioner sought release on bail pending trial, invoking Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The Court examined the petitioner's apprehension of arrest, his age, and the lack of any material suggesting a flight risk. Finding no sufficient ground to deny bail, the Court allowed the application, directing that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount, subject to the conditions of the cited statutes.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the CrPC in the present case
  • Whether the conditions of Section 482 of the BNSS justify the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Section 482
  • Criminal Procedure
  • Bihar
  • assault
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32613 of 2026
                        Arising Out of PS. Case No.-21 Year-2026 Thana- TARARI District- Bhojpur
                 ======================================================
                 Dinesh Singh S/O Late Gariba Singh R/O Village- Warshi, P.S.- Tarari, Dist.-
                 Bhojpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumar Vikram
                 For the Opposite Party/s :        Mr.Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   03-07-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Tarari P.S. Case No. 21 of 2026 registered for

                   the offence under Sections 126(2), 115(2), 109, 74, 352, 351(2),

                   3(5) of the BNS.

                                   3. As per the prosecution case, the petitioner and

                   others are accused of assaulting the victim causing injury.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that the

                   petitioner is a 60 year old person and there is case and counter

                   case also. He also submits that the other co-accused namely

                   Rohit Kumar has already been granted bail vide order dated
          Patna High Court CR. MISC. No.32613 of 2026(2) dt.03-07-2026
                                                      2/2




                    22.04.2026 passed in Cr. Misc. No. 26997 of 2026.

                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                    6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the concerned Court

                    below in connection with Tarari P.S. Case No. 21 of 2026,

                    subject to the conditions laid down in Section 438(2) of the

                    Code of Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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