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Patna High Court

Sukhal SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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