Sipahi PrasadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6375 of 2026
                       Arising Out of PS. Case No.-511 Year-2025 Thana- BARHARIA District- Siwan
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                 Sipahi Prasad S/O Ram Chandra Prasad Resident of Village - Tinbhediya
                 Kala, P.S. - Barharia, District - Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   04-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Barharia P.S. Case No. 511 of 2025 registered for the offences

                   under Sections 126(2), 115(2), 109, 351(3), 352 and 3(5) of the

                   B.N.S.

                                3. As per the prosecution case, the allegation against

                   the petitioner is that he assaulted the informant.

                                4. Learned counsel for the petitioner submits that the

                   allegations are false and concocted. It has further been

                   submitted that from perusal of the injury report, it would be

                   evident that only one injury was found on the parietal region but

                   the same was stated to be simple in nature and caused by hard

                   and blunt substance. It is next submitted that the allegation of
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          repeated assault upon the petitioner, is not being proved from

          the perusal of the injury report. It has lastly been submitted that

          the petitioner carries clean antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, 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 Barharia P.S. Case

          No. 511 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
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                                     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.

                                  7. Accordingly, the prayer for anticipatory bail is

                     allowed.

                                  8. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

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