Patna High Court
Shambhu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners subject to a bond of Rs.10,000 each with two sureties and conditions under section 482(2) of the BNS.
Summary
Four brothers, Shambhu Singh, Ramdas Singh, Pawan Singh and Gopal Kumar, filed a bail petition fearing arrest in a case registered under sections 126(2), 115, 109(1), 303(2), 351(2), 352 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The FIR arose from a trivial grazing dispute in which both parties allegedly inflicted injuries on each other (a "maarpeet"). The petitioners asserted a clean antecedent and the State opposed the bail. The Court, after considering the case‑and‑counter‑case and the petitioners' clean record, ordered that they be released on bail upon furnishing a bond of Rs.10,000 each with two sureties of equal amount, subject to conditions under section 482(2) of the BNS. The bail order was directed to be satisfied by the Chief Judicial Magistrate, Lakhisarai.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under sections 126(2), 115, 109(1), 303(2), 351(2), 352 and 3(5) of the BNS.
- Whether the petitioners' clean antecedent and the nature of the incident justify bail.
- Whether the conditions prescribed under section 482(2) of the BNS are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115, 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- mutual assault
- FIR
- section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5377 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- BARHIYA District- Lakhisarai
======================================================
1 . Shambhu Singh S/o Late Rajendra Singh R/o Village - Garh Laxmipur, P.S -
Barahia, District - Lakhisarai
2. Ramdas Singh S/o Late Rajendra Singh R/o Village - Garh Laxmipur, P.S -
Barahia, District - Lakhisarai
3. Pawan Singh @ Pawan Kumar S/o Late Rajendra Singh R/o Village - Garh
Laxmipur, P.S - Barahia, District - Lakhisarai
4. Gopal Kumar S/o Late Rajendra Singh R/o Village - Garh Laxmipur, P.S -
Barahia, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar , Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
the State .
2. Petitioners apprehend his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 115, 109
(1) , 303 ( 2 ), 351 ( 2 ), 352 and 3 (5) of BNS.
3 . As per F.I.R, on a trivial issue of grazing the crops
by the buffalo of these petitioners in the field of informant, a
simple occurrence of maarpeet took place in which both sides
inflicted injury on each other. Case and counter case .
Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.5377 of 2026(2) dt.28-01-2026
2/2
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, case and counter
case between both the parties, clean antecedent of the petitioner
and other circumstances of the case , in the event of arrest or
surrender within eight weeks from today, let the petitioners, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate Lakhisarai in connection with Barahia P.S. Case No.
174 of 2025 , subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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