Patna High Court
Bam Singh @ Bam Bahadur SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Bam Singh was named in an FIR for allegedly assaulting an informant with a sword, causing a simple head injury, and was charged under several sections of the Bharatiya Nyaya Sanhita. Fearing arrest, he applied for anticipatory bail. The petitioner’s counsel argued his innocence and that the injury was minor, while the State opposed bail. The court examined the nature of the allegations, the seriousness of the injury, and the statutory provisions governing anticipatory bail. Considering these factors, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order thus allows the petitioner to avoid arrest pending trial.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault with a sword under the specified sections of the Bharatiya Nyaya Sanhita
- Whether the nature and severity of the alleged injury justify denial of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5175 of 2026
Arising Out of PS. Case No.-441 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Bam Singh @ Bam Bahadur Singh S/O Jamun Singh Resident of village -
Gonha, Ward No. 09, Police Station - Triveniganj, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 352,
351(2), 109(1), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner is alleged to have
assaulted on the head of informant with sword.
4. Learned counsel for petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Injury, allegedly, caused by petitioner is simple in nature.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and injury, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
Patna High Court CR. MISC. No.5175 of 2026(2) dt.03-02-2026
2/2
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Supaul in connection with Triveniganj P. S. Case No. 441 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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