Patna High Court
Upendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to a bail bond and conditions under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
The petitioners, Upendra Singh and his son Sunny Kumar, were involved in a petty dispute that escalated into a scuffle resulting in minor injuries to both parties. A case was registered against them under multiple offences listed in the Bhartiya Nyaya Sanhita, including sections 115(2), 126(2), 109, 118(1), 117(1), 74, 76, 352, 351(3) and 3(5). The petitioners, claiming a clean antecedent, applied for anticipatory bail fearing arrest, while the State opposed the relief. The learned Additional Public Prosecutor argued against bail, citing the seriousness of the charges. Considering the minor nature of the injuries, the petitioners' clean record, and the circumstances of the dispute, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482 of the B.N.S.S. The order directs surrender within eight weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances.
- Whether the nature of the alleged injuries and the petitioners' clean antecedent justify bail.
- Whether the charges under the cited sections of the Bhartiya Nyaya Sanhita preclude anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(1), 118(1), 126(2), 3(5), 351(3), 352, 482, 74, 76
Subjects
- anticipatory bail
- criminal procedure
- clean antecedent
- petty dispute
- minor injury
- Bhartiya Nyaya Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73189 of 2025
Arising Out of PS. Case No.-329 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
1. Upendra Singh S/o- Lalbabu Singh Resident of Village- Kanchanpur, P.S-
Bidupur, District- Vaishali
2. Sunny Kumar S/o- Upendra Singh Resident of Village- Kanchanpur, P.S-
Bidupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh
For the Opposite Party/s : Mr.Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 115(2), 126(2), 109,
118(1), 117(1), 74, 76, 352, 351(3) & 3(5) of the Bhartiya
Nyaya Sanhita.
3. On account of petty dispute, scuffle took place
between the parties, in which, both sides sustained injury. Case
and counter case. Injuries, allegedly caused by these petitioners,
are simple in nature. Petitioners claim clean antecedent.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
Patna High Court CR. MISC. No.73189 of 2025(3) dt.13-01-2026
2/2
5. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioners be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Vaishali at
Hajipur in connection with Bidupur P.S. Case No. 329 of 2025,
subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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