Patna High Court

Umesh SinghversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners applied for anticipatory bail under Section 438 of the CrPC in connection with FIR No. 107 of 2025 alleging offences under various sections of the Bihar Negotiable Securities Act, 2023. The FIR alleged that the petitioners assaulted the informant’s son and other villagers with knives and bamboo during a marriage function, causing simple injuries. The informant, a village Mukhiya, opposed bail, emphasizing the seriousness of the knife assault on his 14‑year‑old son. The court noted the political rivalry between the co‑villagers, the petitioners’ young age, lack of prior criminal record, and the nature of injuries as simple. Consequently, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438 CrPC and Section 482(2) of the BNS Act.

Issues considered

Whether anticipatory bail should be granted to the petitioners despite allegations of assault with a knife causing injury to a minor.
Whether the political rivalry and co‑villager relationship affect the grant of bail.
Whether the nature of injuries (simple) and lack of prior record justify bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
assault
political rivalry
minor victim
simple injury
Section 438 CrPC
Section 482
Bihar Negotiable Securities Act

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA

                CRIMINAL MISCELLANEOUS No.68505 of 2025
     Arising Out of PS. Case No.-107 Year-2025 Thana- PHENHARA District- East Champaran

     ======================================================
     Umesh Singh S/O Chandrika Singh Resident Of Village- Patti Jasauli, P.O
     And P.S- Kotwa, Distt.- East Champaran.


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


                                            ... ... Opposite Party/s
     ======================================================
                                            with
                CRIMINAL MISCELLANEOUS No. 73801 of 2025
     Arising Out of PS. Case No.-107 Year-2025 Thana- PHENHARA District- East Champaran

     ======================================================
1.    Shahil Kumar @ Putu Kumar @ Puddu Kumar Son of Manish Kumar @
      Manish Kumar Singh @ Santosh Singh Resident of village- Bhinda
      Bishunpur, Ps- Phenhara, Dist- East Champaran
2.   Nikhil Kumar Son of Manish Kumar @ Manish Kumar Singh @ Santosh
     Singh Resident of village- Bhinda Bishunpur, Ps- Phenhara, Dist- East
     Champaran
3.   Manish Kumar @ Santosh singh @ Manish Kumar singh Son of Late
     Rambabu singh Resident of village- Bhinda Bishunpur, Ps- Phenhara, Dist-
     East Champaran


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


                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     (In CRIMINAL MISCELLANEOUS No. 68505 of 2025)
     For the Petitioner/s     : Mr. Pravin Kumar, Adv.
     For the Opposite Party/s : Mr. Tapeshwar Sharma, App.
     For the Informant        : Mr. Shashank Shekhar, Adv.
     (In CRIMINAL MISCELLANEOUS No. 73801 of 2025)
     For the Petitioner/s     : Mr. Abhishek Kumar, Adv.
     For the Opposite Party/s : Mr. Nagendra Prasad, App.
     For the Informant        : Mr. Shashank Shekhar, Adv.
     ======================================================
         Patna High Court CR. MISC. No.68505 of 2025(3) dt.26-02-2026
                                                     2/4




                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                    ORAL ORDER

3   26-02-2026                     1. Heard learned Counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Phenhara Police Station Case No. 107 of 2025,

                   disclosing offences under Sections 191(2), 126(2), 115(2),

                   118(1), 109, 303(2), 307, 379, 352, 351(2) of the BNS, 2023.

                                   3. As per the FIR, on 22.05.2025, the informant,

                   with his family members, had gone to attend the marriage where

                   the petitioners along with other accused persons assaulted the

                   son of the informant and when objected, the petitioner no. 2 in

                   Cr. Misc. No. 73801 of 2025 assaulted the informant by knife

                   causing injury near the waist and petitioner no. 1 in Cr. Misc.

                   No. 73801 of 2025 assaulted the son of the informant near neck

                   by means of knife which caused injury however, the same,

                   caused injury on the cheek of the informant's son namely Sahil

                   Kumar. It has further been alleged that petitioner in Cr. Misc.

                   No. 68505 of 2025 and petitioner no. 3 in Cr. Misc. No. 73801

                   of 2025 assaulted Nidu Kumar and Chunni Singh with bamboo.

                                   4. Learned counsel for the petitioners submits that

                   the informant is Mukhiya and there is political rivalry between

                   the parties. Both the parties are co-villagers. The injuries
Patna High Court CR. MISC. No.68505 of 2025(3) dt.26-02-2026
                                            3/4




          sustained by the victims are simple in nature.

                          5. On the other hand, learned counsel for the

          informant vehemently opposes the prayer for anticipatory bail

          and     submits      that    there      is   specific   allegation   against

          petitioner/Shahil Kumar and petitioner/Nikhil Kumar that they

          assaulted with knife the informant and his son. The son of the

          informant is 14 years of age and Shahil Kumar assaulted the son

          of the informant with knife causing serious injury on the cheek.

                          6. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          both the parties are co-villagers having some political dispute,

          the petitioner/Shahil Kumar is also of tender age of twenty

          years, having no criminal antecedent and all injuries are simple

          in nature, I am inclined to grant the petitioners privilege of

          anticipatory bail.

                          7. This application is, accordingly, allowed.

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

          their arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Judicial Magistrate, 1st Class,

          East Champaran, Motihari, in connection with Phenhara Police
           Patna High Court CR. MISC. No.68505 of 2025(3) dt.26-02-2026
                                                       4/4




                     Station Case No. 107 of 2025, subject to the condition laid

                     down under Section 438 (2) of the Code of Criminal

                     Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T

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