Patna High Court
Vakil SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to a bond and sureties.
Summary
The petitioner was charged under Sections 191(2), 126(2), 115(2), 109, 351(2) and 352 of the Bhartiya Nyaya Sanhita, 2023 for allegedly assaulting an informant and his family with weapons, causing serious injuries. The petitioner claimed he was falsely implicated, asserted a case‑and‑counter‑case with the complainant, and said the dispute had been settled out of court. He also highlighted that co‑accused had been granted anticipatory bail and that he had no prior criminal record, having been in custody since 20‑Oct‑2025. The State opposed bail. After considering the facts, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the Sub‑Divisional Judicial Magistrate’s satisfaction.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the Bhartiya Nyaya Sanhita, 2023
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 351(2), 352
Subjects
- bail
- assault
- criminal procedure
- Bhartiya Nyaya Sanhita
- anticipatory bail
- settlement
- no prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4490 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- DAWATH District- Rohtas
======================================================
Vakil Singh, S/o Mahesh Singh, R/o Village - Parmeshwarpur, P.S - Dawath,
District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayashankar Mishra, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Dawath
P.S. Case No. 202 of 2025 dated 18.06.2025, instituted for the
offence punishable under Sections 191(2), 126(2), 115(2), 109,
351(2), 352 of Bhartiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner and other
accused persons is that they assaulted the informant and his family
members by means of lathi-danda, Rami, spear, bricks and stones,
causing serious injuries to them.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that there is case
and counter case between the parties. Both the sides sustained
Patna High Court CR. MISC. No.4490 of 2026(2) dt.28-01-2026
2/2
injuries in the said occurrence. There is no specific allegation
against the petitioner, rather, the allegation against the petitioner is
general and omnibus. Both the parties settled the dispute outside
the Court. It is further submitted that similarly situated co-accused,
namely, Sanjay Kumar, Budhan Singh, Bisheswar Singh, Manoj
Singh & Ravi Kumar have been granted anticipatory bail vide
order dated 15.01.2026 passed by a co-ordinate Bench of this
Court in Criminal Miscellaneous No. 90735 of 2025. Lastly, it has
been submitted that the petitioner is in custody since 20.10.2025
having no criminal antecedents. Charge-sheet has been submitted
in the case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Sub-Divisional Judicial
Magistrate, Bikramganj, Rohtas in Dawath P.S. Case No. 202 of
2025.
(Khatim Reza, J)
premchand/-
U T
u
Checking your session…