Created by Fuzzy Cloud

Patna High Court

Arbind SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

The petitioners, Arbind Singh and Vinay Singh, were arrested in connection with a stabbing incident alleged under Sections 115(2), 118(1), 118(2), 109, 126(2) and 3(5) of the B.N.S. The informant claimed unknown persons attacked his brother, and the petitioners were implicated without any specific allegation of an overt act. The petitioners argued they were falsely implicated, noting that the informant himself identified the attackers as unknown and that two other accused had already been released on bail. The State opposed bail, maintaining that the petitioners were involved as per the FIR. The Court, after considering the lack of direct evidence and the petitioners’ claim of innocence, granted bail subject to a Rs 10,000 bond, sureties, and conditions regarding presence in court and disclosure of criminal antecedents. The order also stipulated that any violation could lead to cancellation of bail, and the application was allowed.

Issues considered

  • Whether the petitioners are entitled to bail despite the allegations under the B.N.S. sections.
  • Whether the lack of specific overt act evidence against the petitioners warrants bail.
  • Whether the petitioners’ prior criminal antecedents affect the grant of bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 118(2), 126(2), 3(5)

Subjects

  • bail
  • criminal procedure
  • high court
  • offence under B.N.S.
  • false implication
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73125 of 2025
                    Arising Out of PS. Case No.-315 Year-2025 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
           1.     Arbind Singh S/o- Nagina Singh Resident of village- Pipraura PS-
                  Madanpur Dist- Aurangabad
           2.    Vinay Singh S/o- Nagina Singh Resident of village- Pipraura PS- Madanpur
                 Dist- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Pawan Kumar Singh, Adv.
                 For the Opposite Party/s :     Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   08-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners seek bail in connection with

                   Aurangabad (Town) P.S. Case No. 315 of 2025 dated

                   23.03.2025 registered for the offences punishable under

                   Sections 115(2), 118(1), 118(2), 109, 126(2) and 3(5) of the

                   B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that he received information that his brother namely

                   Harshit Raj Singh was taken to the hospital and when he

                   reached there then 5 to 6 unknown persons surrounded him and

                   stabbed him. It has next been alleged that the the co-accused
Patna High Court CR. MISC. No.73125 of 2025(3) dt.08-01-2026
                                            2/4




          persons including the petitioners were involved in the said

          attacks.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in this

          case. It has next been submitted that there is no specific

          allegation of overt act against the petitioners rather the

          informant himself admits that the attackers were unknown

          persons while it was only an apprehension that behind the such

          incident, the petitioners and the others were involved for said

          attack. It has further been submitted that admittedly there is no

          allegation of attack on the brother of the informant by the

          petitioners and moreover two accused persons namely,

          Vibhanshu Kumar @ Kishu Kumar who is said to have

          assaulted the injured and Tarun Singh @ Tarun Kumar Singh

          have been enlarged on bail by the Coordinate Benches of this

          Court vide order dated 12.11.2025 passed in Cr. Misc. No.

          54007/2025 and vide order dated 19.11.2025 passed in Cr. Misc.

          No. 76371/2025 respectively. It has lastly been submitted that

          the petitioners have two criminal antecedents in which they are

          on bail and the petitioners are in custody since 05.08.2025.

                       5. Learned A.P.P. has vehemently opposed the prayer

          for bail of the petitioners and submitted that the petitioners and
Patna High Court CR. MISC. No.73125 of 2025(3) dt.08-01-2026
                                            3/4




          the others were involved in the said incident as alleged in the

          F.I.R.

                       6. Considering the facts and circumstances of the

          case, the petitioners are directed to be released on bail on their

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of learned Court concerned, Aurangabad in connection with

          Aurangabad (Town) P.S. Case No. 315 of 2025 subject to the

          following terms and conditions :-

                       (i) One of the bailors shall be a close relative of the

          petitioners ;

                       (ii) The petitioners shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                       (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the

          petitioners will be liable to be cancelled by the Court concerned.

                       (iv) The trial court shall verify the criminal antecedent

          of the petitioners and in case at any stage, it is found that the

          petitioners have concealed their criminal antecedents, the trial

          court shall take step for cancellation of bail bonds of the

          petitioners. However, the acceptance of bail bonds in terms of
           Patna High Court CR. MISC. No.73125 of 2025(3) dt.08-01-2026
                                                       4/4




                     the above mentioned order shall not be delayed for purpose of

                     or in the name of verification.

                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.