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Patna High Court

Upendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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