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Patna High Court

Kallu @ Aditya Singh @ Aditya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bail bond and surety conditions under Section 482(2) of the CrPC.

Summary

The petitioners, Kallu and Abhishek Singh, were implicated in an assault and robbery case (IPC Sections 341, 342, 323, 324, 307, 379, 387, 504, 506, 34) based on an informant’s statement that they, along with unknown persons, attacked a victim and stole Rs.50,000. The petitioners contended that the informant was not an eyewitness, the FIR lacked details on how the informants identified them, and the injuries described were minor, suggesting false implication. They applied for anticipatory bail, arguing lack of substantive evidence and that the informant’s testimony was unreliable. The State opposed the bail, insisting on the seriousness of the offences. The Court, after considering the submissions, ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
  • Whether the informant’s statement and the FIR provide sufficient basis for arrest
  • Whether the alleged offences under the listed IPC sections warrant denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • false implication
  • section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71098 of 2025
                     Arising Out of PS. Case No.-119 Year-2024 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
           1.     Kallu @ Aditya Singh @ Aditya Kumar S/o Late Suresh Singh @ Suresh
                  Kumar Singh R/o Village - Dumariya, P.S - Dumariyaghat, District - East
                  Champaran
           2.    Abhishek Singh S/o Late Suresh Singh @ Dinesh Singh R/o Village -
                 Dumariya, P.S - Dumariyaghat, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rahul Singh, Advocate
                 For the Opposite Party/s :      Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-02-2026                  1. Heard learned counsel for the petitioners and the

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 341, 342,

                   323, 324, 307, 379, 387, 504, 506 and 34 of the Indian Penal

                   Code.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of two cases and petitioner no. 2

                   is a person with clean antecedent and the informant alleges that

                   her son on 31.05.2024 at 9.00 P.M. was coming back home after

                   selling Litchi, when he was intercepted by the accused persons

                   including the petitioners along with 5-6 unknown accused near
Patna High Court CR. MISC. No.71098 of 2025(2) dt.11-02-2026
                                            2/3




          the house of Punyadev and was taken to an orchard of Tej Pratap

          Singh, where all the accused assaulted him by iron rod, farsa

          and bhala with an intention to kill and snatched Rs.50,000/-, on

          alarm, the villagers reached when accused persons fled away

          from the place of occurrence, thereafter the police was informed

          and the injured was taken to hospital for treatment.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that informant is not an

          eyewitness to the occurrence nor in the FIR it is disclosed that

          on what basis he came to know that the occurrence was

          committed by the accused person. It is also submitted that

          informant alleges that the injured was assaulted by more than 12

          accused i.e. both named and unknown but then the injured

          suffered by the injured has been opined to be simple in nature

          and two lacerated wounds have been found. It is further

          submitted that had so many accused assaulted the injured in the

          manner as alleged in the FIR, in that event the injured would

          have suffered serious injury. It is next submitted that Bhanu

          Singh had approached this Court seeking anticipatory bail by

          filing Criminal Miscellaneous No. 12388 of 2025 and the same

          came to be allowed by an order dated 28.03.2025 wherein the
            Patna High Court CR. MISC. No.71098 of 2025(2) dt.11-02-2026
                                                        3/3




                      injury of the injured was considered.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioners.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioners, the petitioners above-named, in the

                      event of their arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

                      sureties of the like amount each to the satisfaction of the learned

                      trial court where the case is pending/successor court in

                      connection with Dumariyaghat P.S. Case No.119 of 2024,

                      subject to the conditions as laid down under Section 482 (2) of

                      the BNSS.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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