Patna High Court
Bholesh Singh @ Bholesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
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
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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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