Patna High Court
Ugendra Kumar @ Ugendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners have a prima facie case for pre‑arrest bail and ordered their release on bail.
Summary
The petitioners, Ugendra Kumar and Babita Kumari, were implicated in a FIR alleging assault on an informant and his son under multiple sections of the BNS. They contended that the incident arose from a mutual free fight and that any injuries inflicted were in self‑defence, without criminal intent, and that they have a clean antecedent. The State opposed the grant of pre‑arrest bail. After hearing both sides, the Court found that the petitioners had made out a prima facie case for bail, noting the simple nature of the injuries and the absence of prior convictions. Accordingly, the Court ordered their release on pre‑arrest bail, subject to surrender before the District Court within four weeks and furnishing a bail bond of Rs. 10,000 with two sureties, under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the serious charges under Sections 190, 191(2), 191(3), 126(2), 115(2), 109, 117(2), 303(2), 352, 351(2) and 351(3) of the BNS.
- Whether the claim of self‑defence and clean antecedent justify the grant of bail.
Legislation cited
Subjects
- pre‑arrest bail
- self‑defence
- assault
- criminal antecedent
- BNS
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6747 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- Rampur Chauram District- Arwal
======================================================
1. Ugendra Kumar @ Ugendra Singh, aged about- 30 years, Gender-Male, Son
of Bindeshwar Singh
2. Babita Kumari @ Babita Devi, Aged about- 35 years, Daughter of-
Bindeshwar Singh
Both Residents of Village- Dariyapur, P.S.- Rampur Chauram, District-
Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 22-04-2026 Heard Mr. Saroj Kumar Sharma, learned counsel
appearing on behalf of the petitioners and Mr. Syed Mojibur
Rahman, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Rampur Chauram P.S. Case No. 92 of 2025 registered for
the offence punishable under Sections 190, 191(2), 191(3),
126(2), 115(2), 109, 117(2), 303(2), 352, 351(2) and 351(3) of
the BNS.
3. As per the allegation made in the FIR, petitioners
along with other co-accused persons, had allegedly assaulted the
informant and his son causing injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.6747 of 2026(3) dt.22-04-2026
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petitioners submitted that petitioners are innocent and they have
falsely been implicated in the present case. There is case and
counter case between the parties. Both the parties were indulged
into free fight and the petitioners, in their self defence, may
have caused injury to the persons of the informant, without
intention. Injuries sustained by the informant and his son have
been opined by the doctor to be simple in nature. Petitioners
have clean antecedent. On these grounds, petitioners seek to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, the fact that there is case and counter
case between the parties. Both the parties were indulged into
free fight and the petitioners, in their self defence, may have
caused injury to the persons of the informant, without intention.
Injuries sustained by the informant and his son have been
opined by the doctor to be simple in nature. Petitioners have
clean antecedent. I am of the opinion that petitioners have,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
Patna High Court CR. MISC. No.6747 of 2026(3) dt.22-04-2026
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surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Rampur Chauram
P.S. Case No. 92 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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