Patna High Court
Rajesh Singh @ Gouri Shankar Singh @ Gaurishankar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, subject to stringent conditions.
Summary
The petitioner, Rajesh Singh, sought anticipatory bail fearing arrest in a case (PS Kasim Bazar No.60 of 2025) alleging assault under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner and his father brutally assaulted the informant, causing grievous injuries. The petitioner contended that he was falsely implicated, that the injuries reported did not match the alleged assault, and that the case was a retaliatory counter‑case. The State opposed the anticipatory bail. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita, including bond, sureties, personal appearance, and reporting requirements.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under the Bharatiya Nyaya Sanhita.
- Whether the alleged false implication and lack of corroborative injury evidence warrant denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(2), 126(2), 303(2), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- false implication
- assault
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54469 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- KASIMBAZAR District- Munger
======================================================
Rajesh Singh @ Gouri Shankar Singh @ Gaurishankar Singh, S/o Narendra
Singh @ Narendra Prasad Singh @ Nunnu Singh, R/o Katghar Tola, Near
Hawai Adda, Bindwara, P.S- Kasim Bazar, District - Munger, State - Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Narayan, Advocate
Mrs. Vandna Rani, Advocate
Mrs. Rupa Sinha, Advocate
Mr. Aryan Kumar, Advocate
Mr. Rohit Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Kasim Bazar P.S. Case No. 60 of 2025 registered for the
offences under Sections 118(2), 126(2), 109, 303(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that the petitioner and his father brutally assaulted the
informant resulting in grievous injuries.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and no such
incident, as alleged, has occurred. It has further been submitted
Patna High Court CR. MISC. No.54469 of 2025(5) dt.21-01-2026
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that, in fact, the present case is a counter case to the earlier case
lodged by the wife of the petitioner and it has been lodged to
seek revenge. It has next been submitted that from perusal of the
injury report, it would be evident that the injuries sustained by
the informant were all found to be on the head and the specific
allegation against the petitioner is of hitting on the chest of the
informant, where no injury has been found. It has lastly been
submitted that the other co-accused, namely, Narendra Singh,
who is said to have assaulted on the head of the informant, has
been granted bail by the learned Sessions Judge, Munger. It has
lastly been submitted that though the petitioner has three
criminal antecedents, he is on bail in all the cases.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Patna High Court CR. MISC. No.54469 of 2025(5) dt.21-01-2026
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Kasim Bazar P.S. Case No. 60 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
(vi) In view of the antecedent of the petitioner, the
petitioner is directed to appear before the
Superintendent of Police, Munger within fifteen days
of his release with a copy of this order and every two
weeks thereafter for the next nine months. The conduct
of the petitioner will be kept under watch in this period
by the Superintendent of Police concerned and if it is
Patna High Court CR. MISC. No.54469 of 2025(5) dt.21-01-2026
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found wanting in any respect, a report shall be made to
the Court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail. After
reporting to the Superintendent of Police, a certificate
will be filed by the petitioner before the courts
concerned.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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