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Patna High Court

Ashok SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Ashok Singh petitioned the Patna High Court for bail after an FIR was lodged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita alleging that he ordered an assault on the informant’s father, who later died of septicemia and shock. The petitioner claimed he was falsely implicated due to a land dispute, that he merely gave orders and was not present at the assault, and highlighted his clean criminal record. The State opposed the bail, arguing the seriousness of the charges. The court examined the post‑mortem report, the lack of direct evidence linking the petitioner to the assault, and the fact that a co‑accused had already been granted anticipatory bail. Considering the petitioner’s clean antecedent and the absence of any allegation of personal involvement in the assault, the court exercised its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to grant bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties within six weeks of arrest or surrender.

Issues considered

  • Whether bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the petitioner’s alleged role as an ‘order‑giver’ and his clean antecedent justify bail despite the serious nature of the alleged offence.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • criminal procedure
  • Section 103
  • Section 3
  • Section 482
  • clean antecedent
  • land dispute
  • assault
  • homicide

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41415 of 2026
                   Arising Out of PS. Case No.-47 Year-2026 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Ashok Singh Son of Late Rajeshwar Singh Resident of Village- Newaji Tola
                 Chowk, P.S.- Chapra Muffasil, District- Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   01-07-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 103(1) and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                   3.     As per the F.I.R., allegation against the

                   petitioner is that he ordered the accused persons to assault the

                   informant’s father and during the assault, father of the informant

                   sustained injury and he died during the course of treatment.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case due to land dispute between

                   the parties. Further submission is that petitioner is own uncle of
Patna High Court CR. MISC. No.41415 of 2026(2) dt.01-07-2026
                                            2/3




          the informant and brother of the deceased. Petitioner is only a

          order giver and the allegation of assault is against other accused

          persons. From perusal of the postmortem report, it appears that

          there is only one abrasion injury found on the right knee of the

          deceased and the doctor has opined cause of death as septicemia

          and shock. He next submits that there is no allegation against

          the petitioner with respect to assault on the father of the

          informant. Co-accused Gayatri Devi has been granted

          anticipatory bail by the learned Trial Court in A.B.P. No. 1244

          of 2026. Petitioner has got no criminal antecedent and he

          undertakes to cooperate in the investigation and trial.

                        5. Learned A.P.P. for the State opposed the prayer for

          bail.

                         6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties and

          clean antecedent of the petitioner, let the above named petitioner

          be released on bail, in the event of arrest or surrender before the

          learned court below within a period of six weeks from today, on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Chief Judicial Magistrate, Saran at Chapra in connection

          with Chapra Mufassil P.S. Case No. 47 of 2026, subject to the
            Patna High Court CR. MISC. No.41415 of 2026(2) dt.01-07-2026
                                                        3/3




                      conditions as laid down under Section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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