Patna High Court
Nathuni SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail, holding that the nature of the allegations and the earlier grant of bail to a similarly situated co‑accused justified the relief.
Summary
The petitioner, Nathuni Singh, applied for anticipatory bail under Section 438(2) of the Code of Criminal Procedure in connection with a case (Dinara P.S. Case No. 252 of 2017) alleging offences under several IPC sections including assault and criminal intimidation. He claimed innocence, a clean antecedent, and that he was falsely implicated. The petitioner’s counsel highlighted that a coordinate bench of the Patna High Court had earlier granted anticipatory bail to a co‑accused in a similar matter (Cr. Misc. No. 60648 of 2017). Considering the nature of the allegations and the precedent, the court allowed the application. The court ordered that, if arrested within six weeks, the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the nature of the alleged offences
- Whether the precedent of granting bail to a similarly situated co‑accused warrants the same relief
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 323, 332, 341, 353, 354(B), 504, 506/34
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code offences
- coordinate bench precedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7520 of 2026
Arising Out of PS. Case No.-252 Year-2017 Thana- DINARA District- Rohtas
======================================================
Nathuni Singh Son of Rambyas Singh Resident of Village- Dhabachhua, Post-
Khuduru Dhabachhua, Kochas, Rohtas, Bihar- 821112
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Digamber Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. This application for anticipatory bail arises
out of Dinara P.S. Case No.252 of 2017 for the offence
punishable under Sections 341, 323, 332, 354(B), 353, 504 and
506/34 of the Indian Penal Code.
3. The petitioner and the co-accused are said to
have entered into the school premises and abused the teachers.
4. It has been submitted by learned counsel for
the petitioner that the petitioner is innocent and has not abused
the teacher of the school rather, he has falsely been implicated in
this case. He further submits that the petitioner has clean
antecedent.
5. Learned counsel for the petitioner has drawn
the attention of this Court to Annexure-P/2 whereby a
coordinate Bench of this Court had granted anticipatory bail to
Patna High Court CR. MISC. No.7520 of 2026(3) dt.24-02-2026
2/2
the similarly situated co-accused vide order dated 21.12.2017
passed in Criminal Miscellaneous No.60648 of 2017.
6. Considering the nature of allegation and also
the fact that similarly situated co-accused has been granted
anticipatory bail by a coordinate Bench of this Court, this
application is allowed.
7. Let the petitioner, above named, in the event
of his arrest/surrender within six weeks from today in the Court
below, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate, XV,
Bikramganj, Rohtas / concerned Court below, in connection
with Dinara P.S. Case No.252 of 2017, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure.
(Sandeep Kumar, J)
pawan/-
U T
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