Patna High Court
Dilip Singh @ Dilip Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the FIR's allegations were general and not specifically directed at the petitioners, and therefore granted bail.
Summary
The petitioners, three residents of Ratanpur village, were named in an FIR (P.S. Case No.89 of 2026) under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging assault on an informant and police officers. They contended that the FIR did not specifically implicate them, as the alleged assault involved 30-35 other persons, and highlighted that they had already been granted bail in a related case. The Additional Public Prosecutor opposed the bail application. The court examined the prima facie nature of the allegations and found them to be general and omnibus, not specifically directed at the petitioners. Consequently, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was directed to be implemented by the Chief Judicial Magistrate of Sheohar.
Issues considered
- Whether the FIR specifically implicates the petitioners for the alleged assault.
- Whether bail should be granted to the petitioners under Section 438(2) CrPC and Section 482(2) BNSS.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 121(1), 121(2), 126(2), 127(2), 132, 190, 191(1), 191(3), 482(2), 74
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- FIR
- assault
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- prima facie
- omnibus allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40035 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- PIPRAHI District- Sheohar
======================================================
1. Dilip Singh @ Dilip Kumar Singh, S/o Late Bhagwan Singh
2. Golu Singh, S/o Manoj Singh
3. Raja Singh @ Raja Kumar Singh, S/o Dilip Singh @ Dilip Kumar Singh
All are R/o Village - Ratanpur, P.S. - Piprahi, District - Sheohar, (Bihar).
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Piprahi P.S.
Case No.89 of 2026 registered under Sections 126(2),
127(2), 121(1), 121(2), 109, 74, 132, 190, 191(1) and
191(3) of the Bhartiya Nyaya Sanhita, 2023 (in short
‘BNS’).
3. Allegation against the petitioners is to assault
the informant along with 30-35 known and unknown
persons, while police entered into the village for arresting
petitioner no. 1 and petitioner no. 3 being accused of Piprahi
Patna High Court CR. MISC. No.40035 of 2026(2) dt.22-06-2026
2/3
P.S. Case No. 53/2026.
4. It is submitted by learned counsel appearing for
the petitioners that the allegation qua physical assault is not
appearing available specifically against petitioners rather
same is available against 30-35 known and unknown co-
accused persons including petitioners. It is pointed out that
the petitioners were granted bail on 24.04.2026 in Piprahi
P.S. Case No.53 of 2026 knowing all such subsequent
developments, which is the basis of present FIR. Explaining
criminal antecedent, it is submitted that petitioner no.1
found involved in seven more criminal cases, where he has
already acquitted in three cases and, as such, effectively only
four criminal cases are pending against him. It is pointed out
that petitioner no.2 found involved in one more criminal
case, where he is on bail and petitioner no.3, who is the son
of petitioner no.1 found involved in eight criminal cases,
where he has already acquitted in one case and he is on bail
in seven cases.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.40035 of 2026(2) dt.22-06-2026
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taking note of fact as the face of FIR suggest prima facie
that the allegation of physical assault and also to deter the
informant and police personnel from discharging their official
duties appearing very much general and omnibus against
petitioners, accordingly, all above-named three petitioners, in
the event of their arrest or surrender in the court below
within a period of four weeks, are directed to be released on
bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to
the satisfaction of the learned C.J.M., Sheohar in connection
with Piprahi P.S. Case No.89 of 2026, subject to the
conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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