Patna High Court
Jay Kishor Singh @ Rajkishor SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to bail, subject to a bond of Rs.10,000 and two sureties, under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Jay Kishor Singh, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) for alleged assault. The FIR alleged that Singh, along with co‑accused, assaulted an informant’s family, but the petitioner contended he only held the victim and did not commit any overt act. The State opposed bail, arguing the seriousness of the offences. The Court examined the allegations, the petitioner’s role, and the provisions of section 482(2) of the BNS. Finding insufficient grounds to deny bail and satisfied that conditions could be imposed, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to the statutory conditions.
Issues considered
- Whether the petitioner is entitled to bail under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations against the petitioner constitute an offence under the cited sections of the BNS.
- Whether the conditions for bail, including risk of tampering with evidence or fleeing, are satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 118(2), 126(2), 174, 3(5), 352, 482(2)
Subjects
- bail
- criminal procedure
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- assault
- preventive bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3322 of 2026
Arising Out of PS. Case No.-525 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Jay Kishor Singh @ Rajkishor Singh S/O Late Briksha Singh R/O Vill-
Kharasara, P.S- Daraunda, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),
117 ( 2 ), 118 ( 2 ), 109, 352, 174 and 3 (5) of BNS.
3 . As per F.I.R, the informant alleged that on
06.11.2025 at about 11:00 A.M, the informant was going to cast
his vote with her son and dewar. As soon as, they reached near
Chhath Asthan village-Kharsar, this petitioner along with other
Patna High Court CR. MISC. No.3322 of 2026(2) dt.02-02-2026
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accused persons namely , Sonu Singh, Manu Singh, surrounded
the informant, her son and Dewar and when, they raised
objection then co-accused Manu Singh assaulted the informant's
dewar Vijay Singh by means of pistol. When the son of
informant, namely , Prabhat Kumar Singh came to rescue then
this petitioner, Raj Kishore Singh caught Prabhat Kumar Singh
and co-accused Sonu Singh gave knife blow to him, as a result
of which he sustained injuries.
4. It is submitted on behalf of the petitioners that
petitioner is innocent and has committed no offence as alleged.
Specific accusation of assault is against co-accused Manu Singh
and Sonu Singh . Petitioner is only alleged to have caught hold
of one Prabhat Kumar Singh and there is no allegation of any
overt act against this petitioner.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioner, as named
above, be enlarged 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 learned Additional Chief Judicial
Patna High Court CR. MISC. No.3322 of 2026(2) dt.02-02-2026
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Magistrate – VI Siwan in connection with Daraunda P.S. Case
No. 525 of 2025 , subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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