Patna High Court
Arbind SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
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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
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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
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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
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