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Patna High Court

Jayandra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Bail was granted to petitioner 1 and denied to petitioner 2.

Summary

Petitioners Jayandra Singh and Guddu Singh sought pre‑arrest bail in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly assaulting an informant. The FIR alleged that petitioner 1 struck the informant’s knee and petitioner 2 struck the informant’s hands, causing injuries. The petitioners argued that the allegations were vague, no injury was found on the informant’s knee, and they have clean antecedents. The State contended that the injury caused by petitioner 2 was grievous, justifying denial of bail. The Court rejected the bail plea of petitioner 2 due to the seriousness of the accusation, but granted bail to petitioner 1 on the condition of a Rs 10,000 bond with two sureties, subject to Section 482(2) of the BNSS.

Issues considered

  • What is the appropriate bail disposition for petitioner 1 given the general and omnibus nature of the assault allegation?
  • What is the appropriate bail disposition for petitioner 2 considering the alleged grievous injury?
  • Whether Section 482(2) of the BNSS, 2023 applies to the grant of pre‑arrest bail in this case?

Legislation cited

Subjects

  • bail
  • pre‑arrest bail
  • assault
  • grievous injury
  • BNSS
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80196 of 2025
                   Arising Out of PS. Case No.-23 Year-2025 Thana- NTPC KHAIRA District- Aurangabad
               ======================================================
           1 . Jayandra Singh S/O Chhatu Singh Resident of village Gamhariya, P.S. -
                N.T.P.C. Khaira, District - Aurangabad (Bihar).
           2.    Guddu Singh S/O Chhatu Singh Resident of village Gamhariya, P.S. -
                 N.T.P.C. Khaira, District - Aurangabad (Bihar).

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aman Vishal , Advocate
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                         Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 118(1), 117(2), 109(1), 352, 351(2) and 3(5) of the BNS.

                                3 . As per F.I.R., petitioner No. 1 assaulted on knee of

                   the informant and petitioner No. 2 assaulted on hands of

                   informant, as a result of which informant sustained injuries.

                                4. Learned counsel for the petitioner submitted that

                   Allegation of assault is general and omnibus against these

                   petitioners. There is no injury found on the knee of informant.

                   Petitioners claim clean antecedent.
            Patna High Court CR. MISC. No.80196 of 2025(2) dt.09-02-2026
                                                        2/2




                                   5 . Learned counsel for the State opposed the bail

                      petition and submitted that injury caused by petitioner No. 2 is

                      grievous in nature .

                                   6. Considering the fact that seriousness and nature of

                      accusation against petitioner No. 2, the prayer for pre – arrest

                      bail of petitioner No. 2 is rejected.

                                    7. Considering the general and omnibus allegation

                      against petitioner No. 1 and other circumstances of the case , in

                      the event of arrest or surrender within eight weeks from today,

                      let the petitioner No. 1 as named above , be enlarged on bail on

                      furnishing bail bond of Rs.10,000/-(ten thousand)        with two

                      sureties of the like amount each to the satisfaction of the learned

                      Additional Chief Judicial Magistrate-1, Aurangabad, Bihar in

                      connection with NTPC Khaira P.S. Case No. 23 of 2025 ,

                      subject to the conditions laid down under section 482 ( 2 ) of the

                      Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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