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Patna High Court

Rajesh Singh @ Gouri Shankar Singh @ Gaurishankar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                              3/4




          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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