Patna High Court

Niwash SinghversusThe State of Bihar

Decided: 4 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Niwash Singh, sought regular bail in a case registered under sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the B.N.S. for allegedly assaulting the husband of an informant. The prosecution alleged that the petitioner, along with others, pulled the victim from a tempo and assaulted him, while the victim’s recorded statement did not name the petitioner as an assailant. The petitioner’s counsel argued that there was no specific allegation against him, he had no criminal antecedents, and he had been in judicial custody since 5 October 2025. The State opposed the bail. After hearing both sides, the Court found the lack of a direct allegation in the victim’s statement significant and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, also noting procedural irregularities in the investigation.

Issues considered

Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged.
Whether the absence of the petitioner’s name in the victim’s statement negates the allegation against him.
Whether procedural irregularities in recording the victim’s statement affect the bail decision.

Legislation cited

B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352

Subjects

regular bail
assault
criminal procedure
victim statement
procedural irregularity
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5053 of 2026
                     Arising Out of PS. Case No.-367 Year-2025 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Niwash Singh Son of Harshu Singh Village- Sirajpur Khar Tola PS -Parbatta
                 District -khagariya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 109(1), 352, 351(2) and 3(5) of B.N.S.

                                3. The case of the prosecution is that the petitioner

                   along with others has assaulted the husband of the informant.

                   From perusal of the FIR, it is clear that there is specific

                   allegation against this petitioner, Angrej Kumar, Durgesh Kumar

                   that they have pulled out the husband of the informant from the

                   tempo and after that, all the accused persons have assaulted him.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that during course of
Patna High Court CR. MISC. No.5053 of 2026(2) dt.04-02-2026
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          investigation, police has recorded the fardbeyan of the victim

          who has not named this petitioner rather he has named Angrej,

          Durgesh, Subhash and Dara Singh. Learned counsel has

          submitted that as the victim himself has not named the petitioner

          as assailant, there is no allegation against him. A statement has

          been made in para-3 of this petition that the petitioner has got no

          criminal antecedent. Moreover, he is languishing in judicial

          custody since 05.10.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Parbatta P.S. Case No. 367 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Chief Judicial Magistrate,

          Khagaria.

                       7. It is very strange that during course of

          investigation, the fardbeyan of the victim was recorded whereas

          FIR was already lodged by the wife of the victim, it seems that

          the concerned I.O. does not know the difference between the
            Patna High Court CR. MISC. No.5053 of 2026(2) dt.04-02-2026
                                                        3/3




                      statement and the fardbeyan.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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