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Patna High Court

Bholesh Singh @ Bholesh Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail, subject to conditions, as the injury is minor and he has a clean antecedent.

Summary

The petitioner, Bholesh Singh, sought bail in a case registered under several sections of the Bihar Non‑Statutory (BNS) Act, 2023, alleging that he was falsely implicated in an assault on an informant during which a gold chain was stolen. The prosecution alleged that Singh assaulted the informant with a lathi, danda, and the butt of a pistol, causing a head injury, and that the act was intended to kill. Singh contended he has a clean criminal record and that the injury was minor. The court noted the lack of conclusive evidence regarding the weapon used and the minor nature of the injury, and considered Singh’s clean antecedent. Accordingly, the court granted bail on a bond of Rs. 25,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., 2023, and ordered verification of any concealed criminal antecedent.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the B.N.S.S., 2023.
  • Whether the nature of the alleged injury and the petitioner's clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • B.N.S.S. 2023
  • clean antecedent
  • false implication
  • assault
  • injury assessment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7710 of 2026
                   Arising Out of PS. Case No.-412 Year-2025 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Bholesh Singh @ Bholesh Kumar Singh Son of Late Shivdeo Singh Resident
                 of Village -Haripur Kadrabad PS -Bachhwara District -Begusarai

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Satish Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                          Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 115(2),

                   126(2), 303(2), 109, 127(2), 3(5) of BNS, 2023.

                                   3. The prosecution story, in short, is that on

                   13.11.2025 at 10:30 AM the informant, Amrendra Kumar

                   Rukesh, went towards east of the house of Vijay Saw and Paltan

                   Saw. Bholesh, Bhavesh Singh, son of Bholesh Singh, Piyush

                   Singh’s son, Manglu and Pappu Singh started assaulting him

                   with lathi and danda and Bholesh Singh assaulted on head with

                   the butt of pistol. The accused persons snatched a gold chain

                   from his neck and with an intention to kill him they pressed his

                   hydrocele and made him to sit at their house and his family
Patna High Court CR. MISC. No.7710 of 2026(2) dt.17-02-2026
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          members took him back from there.

                           4. Learned counsel for the petitioner submits that

          petitioner is a person with clean antecedent. It is next submitted

          that petitioner has been falsely implicated in the present case

          based on general and omnibus allegation. It is next submitted

          that the injury sustained is simple in nature.

                           5. The application is opposed by the learned APP

          for the State.

                           6. Considering the fact that petitioner has clean

          antecedent and also given the fact that although the petitioner is

          alleged to have assaulted the informant on the head but the

          injury report suggests the injury to be simple in nature and also

          not conclusive as to whether it has been caused by lathi, danda

          or by butt of pistol, let the petitioner, above named, in the event

          of his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          25,000/- (Twenty-Five Thousand) with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Begusarai in connection with Bachhwara P.S. Case

          No. 412 of 2025, subject to the condition laid down under

          Section 438 (2) of the Code of Criminal Procedure/Section 482

          (2) of the B.N.S.S., 2023 and subject to the further condition
          Patna High Court CR. MISC. No.7710 of 2026(2) dt.17-02-2026
                                                      3/3




                    that:-

                                 (i)    the     petitioner      shall   co-operate   in   the

                    investigation/trial.

                                 (ii) the learned Court would, however, verify the

                    criminal antecedent of the petitioner and in case it is found that

                    the petitioner has concealed his criminal antecedent, the Court

                    below shall take step for cancellation of bail bond of the

                    petitioner. However, it is expected that the verification process

                    would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
Gaurav Sinha/-

U


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