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Patna High Court

Herod Singh @ Hero SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
           Patna High Court CR. MISC. No.4260 of 2026(2) dt.31-01-2026
                                                       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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