Patna High Court
Bholi Singh @ Bhola SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner despite the serious charges, considering the lack of antecedents, the existence of a counter case, and the circumstances of the incident.
Summary
The petitioner, Bholi Singh, was arrested in connection with a case involving assault, outrage of modesty, and theft, alleged to have occurred on 10 June 2025 after a dispute over a cow. The prosecution alleged that Singh assaulted the informant's husband with a garasa and that co‑accused outraged the informant's modesty and stole her mangalsutra. Singh, who has no prior criminal record, claimed false implication and highlighted a counter‑complaint filed by a co‑accused's wife, noting inconsistencies such as the weapon described. The State opposed bail, citing the seriousness of the offences listed under the Bharatiya Nyaya Sanhita, 2023. The court, considering the lack of antecedents, the existence of a counter‑case, and the circumstances, granted bail on condition of a Rs.15,000 bond with two sureties and compliance with appearance requirements.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 115(2), 126(2), 76, 109(1), 118(1), 303(2), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s claim of false implication and the existence of a counter‑complaint affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- false implication
- assault
- outrage of modesty
- theft
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7134 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- TETERHAT District- Lakhisarai
======================================================
Bholi Singh @ Bhola Singh Son of Mahendra Singh Resident of village -
Satsanda, P.S.- Tetarhat, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Tetarhat P.S. Case No. 110 of 2025 instituted for the offence
under Sections 115(2), 126(2), 76, 109(1), 118(1), 303(2), 352
351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
10.06.2025, a dispute arose when the cow of petitioner entered
the informant’s courtyard, following which the accused persons
came to her house and abused her. It is alleged that petitioner
assaulted the informant’s husband on the head with a Garasa
causing serious injury, while the other accused outraged the
modesty of the informant and snatched her mangalsutra,
Patna High Court CR. MISC. No.7134 of 2026(2) dt.04-02-2026
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whereafter the injured was taken to Sadar Hospital.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 30.10.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Parties are villagers. There is delay of one day in lodging
the FIR. The present case is the counter version of Complaint
Case No. 309 of 2025 filed by one Ripu devi, who is wife of co-
accused, Ranjit Singh against the informant and others. Injury of
the injured is found to be grievous in nature caused by hard and
blunt object, which further falsifies the allegation of assault by
means of Gadasa, a sharp edge weapon.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and there being
case and counter case between the parties, this Court is inclined
to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Patna High Court CR. MISC. No.7134 of 2026(2) dt.04-02-2026
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Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Tetarhat P.S. Case No. 110 of 2025, subject
to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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