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Patna High Court

Ratan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, holding that the allegations against him were not specific and he had been in custody for an extended period.

Summary

Ratan Singh was arrested in connection with a case involving alleged assault with arms, registered under sections 191(1), 191(2), 191(3), 115(2) and 109 of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, with section 103(2) later added. The informant alleged that the accused, including Singh, attacked his sons; one son later died, and the FIR was lodged ten days after the incident. Singh filed an application for regular bail after being in custody for five months, contending that the allegations against him were general and omnibus, while the specific charge of assault on the deceased son was directed at another accused, Prakash Singh. The State opposed the bail, citing the seriousness of the offences and the death of the victim. The Court, after examining the FIR and noting the lack of specific incriminating material against Singh, granted him bail on a bond of Rs.10,000 with two sureties, directing compliance with the conditions of the District & Sessions Judge, Munger.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the pending charges under the Bhartiya Nyaya Sanhita and the Arms Act.
  • Whether the delay in lodging the FIR and the addition of section 103(2) affect the bail application.
  • Whether the general and omnibus nature of the allegations against the petitioner warrants bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • general and omnibus allegations
  • delay in FIR
  • death of victim
  • Bhartiya Nyaya Sanhita
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8236 of 2026
                      Arising Out of PS. Case No.-17 Year-2025 Thana- HARINMAR District- Munger
                 ======================================================
                 Ratan Singh S/o Arjun Singh R/o Village - Bhelwa, Ward no. 2, P.S -
                 Harinmar (Bariarpur), District - Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sunil Kumar Pathak, Advocate
                                                 Mr. Surya Narayan Sah, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   17-02-2026                    1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Sessions Case no.430 of

                   2025, arising out of Harinmar P.S. Case no.17 of 2025 registered

                   under sections 191(1), 191(2), 191(3), 115(2) and 109 of the

                   Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act to

                   which section 103(2) of the Bhartiya Nyaya Sanhita, 2023 was

                   added subsequently.

                                 3. As per the prosecution case, the informant states

                   that while his sons were returning home, the four named

                   accused persons including the petitioner herein as also 2-3

                   unknown accused persons, on the point of arms, started to

                   assault them. It is further stated that his son was assaulted by
Patna High Court CR. MISC. No.8236 of 2026(2) dt.17-02-2026
                                            2/3




          Prakash Singh @ Bhayankar Singh as a result of which he

          sustained internal injuries for which he was being treated by a

          doctor in Begusarai and as such the delay in lodging of the FIR.

                       4. Learned counsel for the petitioner submits that the

          injured son of the informant having died in course of treatment

          21 days later, section 103 of the Bhartiya Nyaya Sanhita, 2023

          was added. It is further submitted that there is a delay of 10 days

          in lodging of the FIR and accepting the allegations in the FIR,

          the allegation of assault on the son of the informant is on

          Prakash Singh. So far as the petitioner and others are concerned,

          the allegations are general and omnibus in nature. The petitioner

          is in custody since 1.9.2025 and chargesheet has been submitted

          in the case.

                       5. The application for bail is opposed by learned A.P.P

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the specific

          allegation of assault on the deceased son of the informant being

          on Prakash Singh, the allegations on petitioner and others being

          general and omnibus in nature, the petitioner having remained in

          custody for 5 months since 1.9.2025 and chargesheet having

          been submitted in the case, the petitioner is directed to be
             Patna High Court CR. MISC. No.8236 of 2026(2) dt.17-02-2026
                                                         3/3




                       enlarged on bail in connection with Sessions Case no.430 of

                       2025, arising out of Harinmar P.S. Case no.17 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 District & Sessions Judge, Munger.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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