Patna High Court
Herod Singh @ Hero SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied anticipatory bail to the petitioners.
Summary
The petitioners, Herod Singh, Bhola Singh and Chandan Singh, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Narcotic Substances Act and Section 37(c) of the Bihar Prohibition and Excise Act, 2016. They contended they have clean antecedents and argued that the FIR specifically implicates only Suryanand Singh for stabbing the informant's son, with no direct allegation against them. The State opposed the bail, stating that although the FIR does not name the petitioners, their presence at the scene facilitated the heinous offence and the investigation is at an early stage. The court examined the submissions and, noting the seriousness of the alleged offences and the nascent investigation, declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the FIR allegations and the nature of the offences.
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 117(2), 118(1), 118(2), 126(2), 3(5), 351(2), 352
- Bihar Prohibition and Excise Act, 2016 — s. 37(c)
Subjects
- anticipatory bail
- FIR
- false implication
- criminal procedure
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4260 of 2026
Arising Out of PS. Case No.-14 Year-2025 Thana- KUWARI District- Araria
======================================================
1. Herod Singh @ Hero Singh S/o Late Mahesh Lal Singh R/o Village - Sundar
(Sundari), Ward No. 10, P.S - Kuwari, District - Araria
2. Bhola Singh S/o Bhagwan Lal Singh R/o Village - Sundar (Sundari), Ward
No. 10, P.S - Kuwari, District - Araria
3. Chandan Singh S/o Late Sajan Lal Singh R/o Village - Sundar (Sundari),
Ward No. 10, P.S - Kuwari, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 115(2),
118(1), 117(2), 118(2), 126(2), 352, 351(2) and 3(5) of the BNS
as well as Section 37(c) of the Bihar Prohibition and Excise Act,
2016.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and in sum and
substance, the informant alleges that while his son was going
out he was intercepted by the accused persons including the
petitioners who assaulted his son and thereafter Suryanand
Patna High Court CR. MISC. No.4260 of 2026(2) dt.31-01-2026
2/3
Singh assaulted the son of the informant by knife causing injury
in the intestine.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that no
specific allegation of assault is alleged against the petitioners
and specific allegation of assaulting the son of the informant by
knife is against Suryanand Singh. It is next submitted that the
informant specifically alleges that Suryananad Singh assaulted
his son by knife causing his intestine to come out.
5. Learned A.P.P. for the State vehemently opposes
the prayer for anticipatory bail of the petitioners and submits
that no doubt, no specific allegation of assault is alleged against
the petitioners but then from perusal of the allegation as alleged
in the FIR which is not denied by the learned counsel appearing
on behalf of the petitioners even that Suryanand Singh assaulted
the son of the informant by knife causing injury in his intestine.
It is further submitted that presence of the accused at the place
of occurrence emboldened Suryanand Singh to commit such a
heinous offence of stabbing the son of the informant on the vital
part of the body causing injury. It is next submitted that
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3/3
investigation of the case is in its nascent stages.
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioners in connection
with Kuwari P.S. Case No. 14 of 2025 pending in the Court of
learned District & Additional Sessions Judge-cum-Exclusive
Special Excise Judge-II, Araria/Successor Court.
7. Hence, the prayer for anticipatory bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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