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Patna High Court

Vakil SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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