Patna High Court
Sukhal SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court ordered the release of petitioners Sukhal Singh and Rajeev Kumar Singh on bail, subject to prescribed conditions.
Summary
The petitioners Sukhal Singh and Rajeev Kumar Singh were arrested in connection with a case alleging assault, threats, and other offences under multiple sections of the Bharatiya Nyaya Sanhita, stemming from a land dispute. They contended that they were falsely implicated, had no prior criminal record, and that the allegations against them were either vague or limited to merely holding the informant. The State opposed their bail application, while the petitioners sought release pending trial. After hearing both sides, the court considered the nature of the alleged injuries, the lack of specific charges, and the petitioners' willingness to cooperate. The court granted bail to both petitioners, subject to a bond of Rs.10,000 with two sureties each and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was made effective for six weeks from the date of the order.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 329(3), 126(2), 115(2), 118(1), 109(1), 352, 351, 303(2), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the petitioners' alleged involvement is merely a false implication arising from a land dispute, justifying bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 324(4), 329(3), 3(5), 351, 352
Subjects
- bail
- assault
- land dispute
- false implication
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77517 of 2025
Arising Out of PS. Case No.-338 Year-2025 Thana- PIPRA District- East Champaran
======================================================
1. Sukhal Singh S/O Shivpujan Singh R/O village- Mahuwa, Police station-
Pipra, District- East Champaran
2. Rajeev Kumar Singh S/O Sukhal Singh R/O village- Mahuwa, Police
station- Pipra, District- East Champaran
3. Ajeet Singh S/o Sukhal Singh R/O village- Mahuwa, Police station- Pipra,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
Mr. Rajeev Ranjan Ray, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 By order dated 03.12.2025, the bail application
with respect to petitioner no. 3, namely, Ajeet Singh has already
been dismissed as withdrawn.
2. Heard learned counsel for the petitioner nos. 1 & 2
and learned A.P.P. for the State.
3. The petitioner nos. 1 & 2 apprehend their arrest in a
case registered under Sections 329(3), 126(2), 115(2), 118(1),
109(1), 352, 351, 303(2), 324(4) and 3(5) of Bharatiya Nyaya
Sanhita.
4. As per prosecution case, all the accused persons
including the petitioners abused and assaulted the informant,
Patna High Court CR. MISC. No.77517 of 2025(3) dt.11-02-2026
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due to which, he sustained injuries. It is also alleged that the
accused persons threatened the informant with dire
consequences.
5. Learned counsel for the petitioner nos. 1 & 2
submits that petitioners are innocent and have falsely been
implicated in the present case due to land dispute. Further
submission is that there is no specific allegation against the
petitioner no. 1. Allegation against the petitioner no. 2 is that he
caught hold of the informant. There is case and counter case
between the parties. The nature of the injury to the injured is
simple. Petitioners have no criminal antecedent. They
undertake to cooperate in the investigation and trial.
6. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
petitioner nos. 1 & 2, namely, Sukhal Singh and Rajeev Kumar
Singh, be released on bail, in the event of arrest or surrender
before the learned court below within a period of six weeks
from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate Sadar,
Patna High Court CR. MISC. No.77517 of 2025(3) dt.11-02-2026
3/3
Motihari in connection with Pipra P.S. Case No. 338 of 2025,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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