Patna High Court
Uttam Kumar Singh @ Uttam SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Uttam Kumar Singh was arrested in a case registered under Sections 126(2), 115(2), 74, 352 and 351(2) of the Bharatiya Nyaya Sanhita for allegedly entering a neighbour's house at night, misbehaving, and later assaulting the informant with another person, causing injury. The petitioner claimed he was falsely implicated, asserting that a land‑dispute between the neighbours led to a collusion and that he has no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The court examined the facts, the nature of the alleged offences, and the petitioner's lack of antecedents, and decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed the petitioner to surrender within six weeks if arrested.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under Sections 126(2), 115(2), 74, 352 and 351(2) of the Bharatiya Nyaya Sanhita.
- Whether the alleged offences are bailable or non‑bailable in nature.
- Whether there are sufficient grounds to justify continued detention of the petitioner.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- assault
- intrusion
- land dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78437 of 2025
Arising Out of PS. Case No.-444 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
Uttam Kumar Singh @ Uttam Singh Son of Anandi Singh Resident of village
- Sirsi, Ward No.- 5, P.S.- Baktiyarpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
under Sections 126(2), 115(2), 74, 352 and 351(2) of Bharatiya
Nyaya Sanhita.
3. As per the F.I.R., the petitioner entered into the house
of the informant in the mid-night, when she was sleeping, and
started misbehaving with her, when she raised alarm, he fled
away. On the next morning, petitioner along with one Niraj
Kumar came at the house of informant and started abusing and
assaulting her due to which she sustained injury.
4. Learned counsel appearing on behalf of the petitioner
submits that petitioner is innocent and has falsely been
implicated in the present case. Further submission is that both
Patna High Court CR. MISC. No.78437 of 2025(2) dt.05-01-2026
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the parties are next door neighbours and gotiya and due to land
dispute, a collusion took place between them in which both
sides sustained injuries. The injury to the injured is simple in
nature. Petitioner has got no criminal antecedent and he
undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioner 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 bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-III, Barh, Patna in connection with
Bakhtiyarpur P.S. Case No. 444 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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