Patna High Court

SUMAN SINGH @ SUMAN KUMAR SINGHversusThe State of Bihar

Decided: 21 January 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioners, Suman Singh and Bhim Sharma Singh, applied for anticipatory bail in a case (PS Kalyanpur Case No.272 of 2025) where the FIR alleged assault and other offences under multiple sections of the B.N.S.S. The petitioner, a 60‑year‑old senior citizen, was alleged only to have given orders and taken documents, while the specific assault allegations pertained to other co‑accused already in custody. The State and the informant opposed the bail on the basis of the FIR allegations. The Court considered the petitioner’s age, his limited alleged role, and the fact that the main accused were already detained. It granted anticipatory bail subject to a Rs.10,000 bond, two sureties, cooperation with investigation, and a family member as a bailor, invoking Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations in the FIR.
Whether the petitioner’s age and alleged role as an order‑giver justify the grant of bail despite multiple serious charges.

Legislation cited

B.N.S.S., 2023 — s. 482
Code of Criminal Procedure — s. 438

Subjects

anticipatory bail
Section 438 CrPC
Section 482 B.N.S.S.
senior citizen
FIR
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79399 of 2025
                 Arising Out of PS. Case No.-272 Year-2025 Thana- KALYANPUR District- East Champaran
                 ======================================================
           1.     SUMAN SINGH @ SUMAN KUMAR SINGH S/o Bhim Sharma Singh @
                  Bhimsharma Singh Resident of village- Sishwa Narsingh, PS- Kalyanpur,
                  District- East Champaran
           2.     Bhim Sharma Singh @ Bhimsharma Singh S/o Late Kapal Singh Resident
                  of village- Sishwa Narsingh, PS- Kalyanpur, District- East Champaran
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sujeet Kumar
                 For the Opposite Party/s :      Mr.Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   21-01-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered under Sections 190, 191(2), 191(3), 127(2), 115(1),

                   118(2), 109, 324(5), 308(2), 61(2), 303(2), 351(2), 352 and 3(5) of

                   the BNS.

                                3. Allegation in the first information report is that the

                   accused persons came variously armed to the Bathan of the

                   informant and indulged in abuse and assault causing injuries.

                                4. Learned counsel for the petitioners submits that so far

                   as the petitioner no. 2 is concerned, the only allegation upon him is

                   that he was the order giver and took away some documents from

                   the house of the informant. It is further submitted that the specific

                   allegations of assault are on different co-accused persons who are

                   in custody. It is also submitted that the petitioner is a senior citizen
             Patna High Court CR. MISC. No.79399 of 2025(4) dt.21-01-2026
                                                         2/2




                       of about 60 years of age.

                                    5. The application for anticipatory bail is opposed by

                       learned A.P.P. for the State and learned counsel for the informant

                       on the basis of the allegations made in the first information report.

                                    6. Taking into consideration the facts and circumstances

                       and also considering the fact that the petitioner no. 2 is said to be

                       only order giver and is a 60 year old man, let the petitioner above

                       named, in the event of his arrest or surrender before the learned

                       Court below within a period of four weeks, be released on

                       anticipatory bail in connection with Kalyanpur P.S. Case no.272 of

                       2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten

                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Court below where the case is pending

                       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,

                       subject to the conditions:

                                    (i) The petitioner would cooperate in the investigation/

                       trial.

                                    (ii) One of the bailors will be a family member/close

                       relative.



                                                 (Soni Shrivastava, J)
devendra/-
U      T

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