Patna High Court
Madhurendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners, directing their release upon furnishing the prescribed bond and sureties.
Summary
The petitioners, three residents of Madmada village, sought relief fearing arrest in a police case alleging assault under multiple sections of the Bihar Special Laws. The prosecution alleged that the petitioners had assaulted the victim, while the petitioners claimed they were falsely implicated and that any injury was minor. Their counsel argued innocence and that the charges were baseless, whereas the informant’s counsel opposed the bail. The court examined the submissions and, applying the provisions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the Bihar Negotiable Special Statutes, allowed the bail application. The petitioners were ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the usual conditions.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail under Section 438(2) CrPC and Section 482 of the BNSS for the alleged offences?
Legislation cited
- Bihar Negotiable Special Statutes — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- assault
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37825 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- PATAHI District- East Champaran
======================================================
1. Madhurendra Singh Son of Birendra Singh Resident of village- Madmada
PS Patahi District- East Champaran
2. Bittu Singh @ Vishwajeet Singh Son of Radheyshyam Singh @ Pappu
Singh Resident of village- Madmada, PS Patahi District- East Champaran
3. Sunny Singh Son of Radheyshyam Singh @ Pappu Singh Resident of
village- Madmada PS Patahi District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar BIhar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
For the Informant : Mr. Madhurendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the parties.
2. The petitioners apprehend their arrest in
connection with Patahi Police Station Case No. 100 of 2026
registered for the offence under Sections 126(2), 115(2), 109(1),
118(1), 352, 351(2), 303(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
said to have assaulted the victim.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
injury caused to the alleged victim is simple in nature.
Patna High Court CR. MISC. No.37825 of 2026(2) dt.16-06-2026
2/2
5. Learned counsel for the informant has
vehemently opposed the application of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their 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 Patahi P.S. Case No. 100 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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