Patna High Court
Kallu @ Aditya Singh @ Aditya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 342, 379, 387, 504, 506
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
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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
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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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