Patna High Court
Suresh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Suresh Singh, was charged with multiple offences including assault, molestation, extortion, and an alleged acid attack under various sections of the B.N.S., 2023. He contended that he was falsely implicated, highlighting a four‑month delay between the alleged incident and the FIR, and asserted that the informant's husband had self‑administered the acid. The State opposed his bail, citing the seriousness of the charges. The court noted the doubtful nature of the acid‑attack allegation, the petitioner’s clean antecedent, and the fact that a chargesheet had already been filed. Considering these factors, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 480(3) of the B.N.S.S., including attendance in court and cancellation upon repeated non‑appearance.
Issues considered
- Whether the petitioner is entitled to bail despite the gravity of the offences alleged.
- Whether the delay in filing the FIR raises reasonable doubt sufficient to merit bail.
- Whether the petitioner’s clean antecedent and period of custody justify bail.
- Application of Section 480(3) of the B.N.S.S. in imposing bail conditions.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 124(1), 126(2), 303(2), 308(2), 329(4), 3(5), 351(2), 351(3), 352, 76
- B.N.S.S. — s. 480(3)
Subjects
- bail
- acid attack
- extortion
- assault
- delay in FIR
- clean antecedent
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70789 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Suresh Singh Son of Jamun Singh @ Jamuna Singh, Resident of Village
-Chokchamma Khatti Bandh Tola, P.S. - Amdabad, District Katihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Amdabad P.S. Case No. 115 of 2025 dated
07.05.2025, registered for the offences punishable under Sections
126(2), 115(2), 109, 124(1), 352, 351(2), 351(3), 76, 303(2),
329(4) and 308(2) read with Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, petitioner and other
co-accused entered into an altercation with the husband of the
informant and they also assaulted him. When the informant went
for the rescue of her husband, she was molested by the petitioner
and others. Subsequently, petitioner and other co-accused persons
demanded extortion money from the informant and forcibly
snatched Rs. 2,500/-. The husband of the informant was also
assaulted and the petitioner and other co-accused persons forcibly
Patna High Court CR. MISC. No.70789 of 2025(3) dt.06-01-2026
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caught hold of the hands and legs of the husband of the informant
and co-accused Bhola Singh administered him acid.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The occurrence is stated to
have taken place on 01.01.2025 and 16.01.2025, but the FIR has
been instituted on 07.05.2025 without any plausible explanation of
the delay. It creates a serious doubt over the prosecution case. The
true fact of the case is that the husband of the informant himself
consumed acid and he stated this fact before the doctor and other
witnesses. As a matter of fact, the husband of the informant
assaulted this petitioner by iron-rod, who received serious injury
and a petition was filed before Gram Kachahari, Diyara, Amdabad
and panchayat decided and put up a penalty of Rs. 2,500/- against
husband of the informant, who refused to pay the same and came
back to his house and consumed acid. Police after investigation
submitted chargesheet against the petitioner, who is in custody
since 09.05.2025. Learned counsel lastly submits that petitioner is
having clean antecedent.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the 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.70789 of 2025(3) dt.06-01-2026
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doubtful nature of allegation regarding administering acid and also
considering his period of custody, clean antecedent 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 Judicial Magistrate 1 st Class, Katihar /
concerned Court, in connection with Amdabad P.S. Case No. 115
of 2025, 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 absence on three consecutive dates 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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