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Patna High Court

Sigheshwar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the simple nature of the injury, the petitioner’s clean record and the circumstances of a sudden shop‑construction dispute, anticipatory bail under Section 438 of the CrPC was warranted.

Summary

The petitioner, Sigheshwar Rai, was named among thirteen accused in a case arising from a dispute over the construction of a grocery shop, alleged to have involved verbal abuse and assault with a bottle causing a simple injury to Saurabh Kumar. He contended that he was implicated solely because of his familial relation to a co‑accused and that he has no prior criminal record. The State opposed his application for anticipatory bail. The court considered the nature of the alleged offence, the petitioner’s clean antecedent, and the fact that the incident stemmed from a sudden commercial dispute. It concluded that the injury was minor and the circumstances did not justify denial of bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
  • Whether the simple nature of the alleged injury and lack of prior criminal record justify granting bail.
  • Whether the involvement of multiple co‑accused and the commercial dispute context affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • simple injury
  • shop construction dispute
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7429 of 2026
                       Arising Out of PS. Case No.-299 Year-2025 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Sigheshwar Rai Son of Late Kamleshwar Rai Resident of Bardiha Turki, P.S.-
                 Patepur, District- Vaishali
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anuj Kumar
                 For the Opposite Party/s :        Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in a case

                   registered for the offence punishable under Sections 126(1),

                   115(2), 118(1), 74, 303(2), 109, 351(2), 352, 3(5) of the B.N.S.

                                3. Allegation in the first information report is that on

                   account of some dispute with regard to construction of a shop

                   for the grossery business by the informant, the accused persons

                   being 13 in number including the present petitioner indulged in

                   abuses and assault.

                                4. Learned counsel for the petitioner submits that it

                   would be evident from the first information report itself that as

                   many as 13 persons of the family have been made an accused in

                   the case which related to a dispute between the informant and

                   the petitioner with regard to causing obstruction in construction
Patna High Court CR. MISC. No.7429 of 2026(2) dt.04-02-2026
                                            2/3




          of shop whereas the shop of co-accused Ashok Rai was already

          running and there was some business rivalry between them and

          as a matter of fact, the petitioner has been made an accused in

          this case only on account of the fact that he happens to be a

          relative of said Ashok Rai. The allegation against him is also

          confined to hitting on the back of Saurabh Kumar with one

          bottle and the injury caused to the said Saurabh Kumar is simple

          in nature as indicative in the bail rejection order itself. It is

          further submitted that there is a cross case even at the side of the

          petitioner lodged by the co-accused Ashok Rai.

                       5.    Learned APP for the State has opposed the

          application for anticipatory bail.

                            6. Taking into consideration the facts and

          circumstances and also considering the fact that on account of a

          sudden dispute relating to construction of shop the occurrence is

          said to have taken place coupled with the fact that the injury

          attributable to the petitioner is simple in nature, let the above

          named petitioner, who has no criminal antecedent, in the event

          of his arrest or surrender before the learned Court below within

          a period of four weeks from today, be enlarged on bail on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the
             Patna High Court CR. MISC. No.7429 of 2026(2) dt.04-02-2026
                                                         3/3




                       learned court below where the case is pending/successor court

                       in connection with Patepur P.S. Case No. 299 of 2025, subject to

                       the condition as laid down under Section 438 (2) of the

                       Cr.P.C./482(2) of the B.N.S.S.


                                                 (Soni Shrivastava, J)
devendra/-
U      T


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