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Patna High Court

Nagendra singh @ Nagender SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to anticipatory bail subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Nagendra Singh and Krishu Kumar, sought anticipatory bail fearing arrest in a Darpa police case involving multiple IPC offences such as rioting, assault, and robbery. They contended that they were falsely implicated, that no specific allegation of assault existed against the second petitioner, and highlighted a case‑and‑counter‑case scenario with no prior criminal record. The State opposed the bail, arguing the seriousness of the charges. The Court noted the lack of specific allegations against the second petitioner, the existence of a case‑and‑counter‑case, and the precedent of anticipatory bail granted to a co‑accused in a related matter. Accordingly, the Court ordered anticipatory bail for both petitioners, subject to a bond of Rs.15,000 and two sureties each, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the specific allegations (or lack thereof) against the petitioners justify denial of bail.
  • Whether the existence of a case‑and‑counter‑case influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Indian Penal Code
  • Bharatiya Nagarik Suraksha Sanhita
  • case and counter case
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80613 of 2025
                     Arising Out of PS. Case No.-94 Year-2024 Thana- DARPA District- East Champaran
                 ======================================================
           1.     Nagendra singh @ Nagender Singh Son of Late Jadu singh Resident of
                  Village - Bakhtaura, P.S - Darpa, Dist. - East Champaran.
           2.     Krishu Kumar @ Kishri Kumar Son of Santosh Singh R/o Villlage -
                  Bakhtaura, P.S. - Darpa, Dist. - East Champaran.
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                                                   Ms. Harsha Shashwat, Advocate
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   13-02-2026                          Heard learned counsel for the petitioners and

                   learned APP for the State.

                                 2. The petitioners apprehend arrest in connection with

                   Darpa P.S. Case No. 94 of 2024, registered under Sections 147,

                   149, 341, 323, 324, 325, 307, 354, 379, 504 and 506 of the

                   Indian Penal Code.

                                 3. The prosecution case, in short, is that all the

                   accused persons including these petitioners armed with iron rod,

                   farsa and danda have brutally assaulted the informant and other

                   persons who came to rescue the informant.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. Learned counsel for the petitioners also submitted

                   that there is specific allegation of assault against petitioner no. 1
             Patna High Court CR. MISC. No.80613 of 2025(4) dt.13-02-2026
                                                          2/2




                       by means of iron-rod to the informant and no specific allegation

                       of assault has been attributed against petitioner no. 2. It is next

                       submitted that there is case and counter case between the

                       parties. The petitioners have got no criminal antecedent.

                       Learned counsel for the petitioners further submits that other co-

                       accused has been granted anticipatory bail by a Co-ordinate

                       Bench of this Court vide order dated 14.02.2025 passed in Cr.

                       Misc. No. 7321 of 2025.

                                     5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioners.

                                     6. Considering the aforesaid facts and circumstances,

                       case and counter case between the parties, let the petitioners,

                       above named in the event of arrest/surrender before the learned

                       Court below within a period of six weeks from today, be

                       released on anticipatory bail on furnishing bail bonds of Rs.

                       15,000/- (Rupees Fifteen Thousand) each with two sureties of

                       the    like    amount       each     to    the       satisfaction   of   Court

                       below/concerned Court in connection with Darpa P.S. Case No.

                       94 of 2024, subject to the conditions as laid down under Section

                       482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.


                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-
U      T


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