Patna High Court
Uma Shankar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to a bond and sureties under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioner, Uma Shankar Singh, was implicated in a case (Navinagar P.S. Case No. 65 of 2025) involving alleged assault with weapons, for which several IPC offences were alleged. The petitioner claimed innocence, asserting that the assault was committed by a co-accused, Shivam, and that there exists a case and counter‑case. The State opposed bail, highlighting the grievous injuries suffered by the victim. The court examined the material facts, the lack of direct evidence against the petitioner, and the principles governing anticipatory bail under Section 438(2) of the Criminal Procedure Code. It ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties of the same amount and conditions prescribed by the law.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) Cr.P.C.
- Whether the petitioner is likely to be involved in the alleged assault and thus a flight risk or a threat to the investigation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 308(3), 351(2), 352
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- Indian Penal Code
- assault
- Bihar
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50965 of 2025
Arising Out of PS. Case No.-65 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Uma Shankar Singh S/o- Late Alakhdeo Singh R/o- Bilashpur, PO PS-
Nabinagar, Dist- Aurangabad, Bihar, presently Resident of Buddha Colony
Near Nexa Showroom, Domuhan, Ward No 12, PO PS- Bodhgaya, Distt-
Gaya, Bihar,
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Roushan Kumar, Adv.
For the State : Mr. J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Navinagar P.S. Case No. 65 of 2025, registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 308(3), 109, 352, 351(2) of BNS.
3. The brief facts of the prosecution case are that on
02.03.2025 at about 10:00 AM, the informant was sitting at his
door when the accused persons came armed with iron rods,
swords, and pistols and started assaulting the informant. They
assaulted him on his head, as a result of which he sustained head
injuries.
Patna High Court CR. MISC. No.50965 of 2025(4) dt.11-02-2026
2/2
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
There is case and counter case. Both the parties have suffered
injuries. The allegation of inflicting assault on the injured is not
against the petitioner, rather it is against co-accused Shivam.
5. On the other hand, Mr. J.N. Thakur, the learned
APP for the State has opposed the prayer for bail by submitting
that the injured has suffered grievous injuries.
6. The petitioner is not the assailant. There is case and
counter case.
7. Considering the above-mentioned facts and
circumstances, let the petitioner, in the event of his arrest or
surrender within four weeks before the learned court below, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. 01, Aurangabad in
connection with Navinagar P.S. Case No. 65 of 2025, subject to
the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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