Patna High Court

Mintu SinghversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail may be granted where there is no specific allegation of an overt act, but must be denied where the accused is alleged to have caused grievous injury.

Summary

The petitioners, three brothers, sought anticipatory bail in a case alleging offences under various IPC sections, including assault and robbery. The informant claimed the brothers entered his house armed, assaulted his sons, and looted Rs.31,000. Counsel for the petitioners argued that only the first brother was specifically accused of assault, while the other two faced no allegation of an overt act. The State contended that the first brother caused grievous injury, justifying denial of bail. The court refused anticipatory bail to the first brother due to the alleged grievous injury, but granted it to the second and third brothers subject to bail‑bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail can be granted to accused where no specific allegation of an overt act exists.
Whether the allegation of causing grievous injury justifies denial of anticipatory bail.
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the court to conditionally grant anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Indian Penal Code — s. 307, 323, 324, 341, 380, 427, 428, 447, 448, 504, 506/34

Subjects

anticipatory bail
grievous injury
Indian Penal Code
Section 482
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8288 of 2026
                      Arising Out of PS. Case No.-294 Year-2021 Thana- DARAUNDA District- Siwan
                 ======================================================
           1.     Mintu Singh S/o- Dev Kumar Singh Resident of Village- Hathopur PS-
                  Daraunda, Dist- Siwan
           2.    Binod Singh S/o- Dev Kumar Singh Resident of Village- Hathopur PS-
                 Daraunda, Dist- Siwan
           3.     Ashok Singh S/o- Dev Kumar Singh Resident of Village- Hathopur PS-
                  Daraunda, Dist- Siwan
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                     Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 341, 323, 324, 307, 380,

                   427, 428, 447, 448, 504 and 506/34.

                                3. The informant alleges that petitioners along with

                   other accused persons armed with various weapons, entered the

                   house of the informant and on objection they assaulted the sons

                   of the informant and they also looted Rs. 31,000/- from the

                   house of the informant.

                                4. Learned counsel appearing for the petitioners

                   submits that specific accusation of assault is against petitioner

                   No. 1, who assaulted the informant’s sons. So far rest of the
           Patna High Court CR. MISC. No.8288 of 2026(2) dt.11-02-2026
                                                       2/2




                     petitioners are concerned, there is no allegation of overt act

                     against them.

                                  5. Learned counsel for the State opposed the bail

                     application and submits that petitioner No. 1 assaulted

                     informant’s sons. Injury caused by petitioner no. 1 is grievous in

                     nature.

                                  6. In view of the fact that petitioner No. 1 caused

                     grievous injury, prayer for anticipatory bail of petitioner No.

                     1 is refused. However, considering the nature of accusation

                     against petitioner Nos. 2 & 3, the anticipatory bail with regard

                     to petitioner Nos. 2 & 3 is allowed and it is ordered that the

                     above named petitioner Nos. 2 & 3 in the event of their

                     arrest/surrender before the court below within a period of eight

                     weeks from today, be enlarged on bail on furnishing bail-bond

                     of Rs. 10,000/- (ten thousand) each with two sureties of the like

                     amount each to the satisfaction of Chief Judicial Magistrate,

                     Siwan in connection with Daraunda P.S. Case No. 294/2021,

                     subject to condition as laid down under Section 482(2) of the

                     Bharatiya Nagarik Suraksha Sanhita.



                                           (Prabhat Kumar Singh, J)
Jyoti Kumari/-
U

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