Patna High Court
Subodh Kumar Singh @ Subodh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to prescribed conditions.
Summary
The petitioner, Subodh Kumar Singh, was arrested in connection with a land‑dispute‑related assault case (PS‑Case No. 155 of 2023) involving offences under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code. He claimed he was falsely implicated, asserted a clean antecedent, and highlighted that the chargesheet had already been filed while he had been in custody since 13‑05‑2025. The State and the informant opposed bail, contending that specific allegations of assault were made against the petitioner. The court noted the petitioner’s clean record, the filing of the chargesheet, and the fact that a co‑accused had already been granted anticipatory bail. Accordingly, the court ordered his release on bail of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other standard bail conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the serious assault charges under the IPC.
- Whether the petitioner’s clean antecedent and the filing of the chargesheet justify granting bail.
Legislation cited
- B.N.S.S. — s. 480(3)
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
Subjects
- bail
- land dispute
- assault
- Indian Penal Code
- anticipatory bail
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68058 of 2025
Arising Out of PS. Case No.-155 Year-2023 Thana- TARIYANI CHOWK District- Sheohar
======================================================
Subodh Kumar Singh @ Subodh Singh Son of Bhola Singh, R/o Vill-
Bishunpur, Dharanand, PS- Tariyani, Dist- Sheohar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ujjwal Kumar, Advocate
For the State : Mr. Umanath Mishra, APP
For the Informant : Mr. Jeetendra Narayan, Advocate
Mr. Ashwani Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Tariyani P.S. Case No. 155 of 2023 dated
18.06.2023, registered for the offences punishable under
Sections 341, 323, 307, 504 and 506 read with Section 34 of the
Indian Penal Code.
3. As per the prosecution case, in the background of
land dispute the petitioner and other co-accused persons
assaulted the nephew of the informant and when the informant
and his family members came there, they were also assaulted by
this petitioner and other co-accused persons causing fracture of
their heads.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.68058 of 2025(3) dt.05-01-2026
2/3
petitioner submits that petitioner has falsely been implicated in
the present case. No offence in the manner as alleged has ever
taken place. Admittedly, there is land dispute between the
parties. There is general and vague allegation of assault against
the petitioner and other co-accused persons. The co-accused
Vinod Singh has been granted the privilege of anticipatory bail
by a learned co-ordinate Bench of this Court vide order dated
21.05.2024 passed in Cr. Misc. No. 30222 of 2024. The injury
of Satyendra Singh is found to be grievous, whereas the injuries
of Chitranjan Singh and Lucky Kumar are found to be simple in
nature and there is only one injury on each of the victims.
Learned counsel next submits that petitioner is having clean
antecedent and chargesheet has been submitted. Learned
counsel lastly submits that petitioner is in custody since
13.05.2025.
5. Learned A.P.P. appearing on behalf of the State
as well as the learned counsel for the informant oppose the
submissions made on behalf of the petitioner. Learned counsel
for the informant submits that there is specific allegation of
assault against this petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.68058 of 2025(3) dt.05-01-2026
3/3
clean antecedent of the petitioner his period of custody and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Sheohar / concerned Court, in connection with
Tariyani P.S. Case No. 155 of 2023, subject to the condition
laid down under Section 480(3) of the B.N.S.S. and other
following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of non-appearance of the petitioner on
single date 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.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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