Patna High Court

Bhola Singh @ Bhola Prasad SinghversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted anticipatory bail to the petitioners.

Summary

Bhola Singh and Sanjeev Singh applied for anticipatory bail fearing arrest in a case (PS No. 1146/2023) alleging offences under Sections 341, 323, 406, 420, 504 and 506 of the IPC. They contended that they were falsely implicated, had paid Rs. 12,00,000 in cash, and cited the Supreme Court decision in Murari Lal Gupta v. Gopi Singh (2005) 13 SCC 699 to argue that no offence was made out against them. The State opposed the bail. The Patna High Court, relying on the precedent and the facts, allowed the anticipatory bail application, directing the petitioners to furnish a bail bond of Rs. 10,000 each with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. The order was pronounced by Justice Sandeep Kumar.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC.
Whether the allegations under the specified IPC sections constitute a case where bail can be denied.
Whether the precedent set in Murari Lal Gupta v. Gopi Singh is applicable to the present facts.

Legislation cited

Bihar Negotiable Instruments Act — s. 482
Code of Criminal Procedure, 1973 — s. 438
Indian Penal Code — s. 323, 341, 406, 420, 504, 506

Subjects

anticipatory bail
Indian Penal Code
Criminal Procedure Code
Section 438
Section 482
false implication
Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55970 of 2025
                   Arising Out of PS. Case No.-1146 Year-2023 Thana- KAHALGAON District- Bhagalpur
                 ======================================================
           1.     Bhola Singh @ Bhola Prasad Singh Son of Late Laxmi Singh Resident of
                  Village- Rampur Kharkhara, P.S.- Rasulpur, District- Bhagalpur
           2.    Sanjeev Singh Son of Bhola Singh @ Bhola Prasad Singh Resident of
                 Village- Rampur Kharkhara, P.S.- Rasulpur, District- Bhagalpur
                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar Patna
           2.     Krishan Kumar @ Raja, son of Late Gopal Yadav Resident of village
                  Rampur Kharahara, P.S. Rasalpur, Dist.- Bhagalpur
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Mili Kumari, Advocate
                 For the Opposite Party/s :      Ms.Renuka Ratnakar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   20-02-2026                      Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Kahalgaon (Rasalpur) P.S. Case No. 1146

                   of 2023 registered for the offence under Sections 341, 323,

                   406, 420, 504, 506 of I.P.C.

                                   3. As per the prosecution case, petitioners are

                   alleged to have failed to honor the agreement entered

                   between their father, himself and the prosecution side.

                                    4. It has been submitted by the learned counsel

                   for the petitioners that the petitioners are innocent and they
Patna High Court CR. MISC. No.55970 of 2025(5) dt.20-02-2026
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          have falsely been implicated in this case. It is next

          submitted that petitioners are paid Rs. 12,00,000/- in cash.

          Learned counsel lastly referred the judgment of the Hon’ble

          Supreme Court in the case of Murari Lal Gupta vs. Gopi

          Singh reported in (2005) 13 SCC 699 and has submitted

          that no offence is made out against the petitioners.

          Petitioners have clean antecedent.

                            5. Learned A.P.P. for the State opposes the

          prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid facts and the

          judgment of the Hon’ble Supreme Court in the case of

          Murari Lal Gupta vs. Gopi Singh reported in (2005) 13

          SCC 699, this application is allowed.

                       7. Let the petitioners, above named, in the event of

          their arrest or surrender before the concerned Court below

          within four weeks from today, be released 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 Judicial Magistrate 1st Class, Bhagalpur/

          concerned Court below in connection with Kahalgaon

          (Rasalpur) P.S. Case No. 1146 of 2023, subject to the
              Patna High Court CR. MISC. No.55970 of 2025(5) dt.20-02-2026
                                                          3/3




                        conditions laid down in Section 438(2) of the Code of

                        Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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