Patna High Court
Shiv Mangal Singh @ Shiv Mangal YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that the petitioners are entitled to pre‑arrest bail subject to bond and surety conditions.
Summary
The petitioners, five residents of Tulsi Tola, Rohtas, sought pre‑arrest bail in connection with PS‑Kachhwan Case No. 64 of 2025, which alleged assault with weapons and theft against the informant’s family under several sections of the Bharatiya Nyaya Sanhita, 2023. They argued that the FIR named seventeen accused without specific charges and that the injuries to the informant’s relatives were largely simple, with only a non‑vital wrist injury. The State opposed bail, contending that two persons suffered serious injuries, one of which was grievous. The court examined the omnibus nature of the allegations, the extent of injuries, and the petitioners’ clean antecedents, and applied Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. It granted bail on condition of a Rs 10,000 bond, two sureties of equal amount, and that one bailor be a close family member, directing surrender within four weeks.
Issues considered
- Whether pre‑arrest bail should be granted despite allegations of assault under the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature and severity of injuries (simple vs grievous, non‑vital) affect the bail decision.
- Whether the omnibus character of the FIR and lack of specific accusation justify bail.
- Application of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in granting bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 303(2), 74
Subjects
- pre‑arrest bail
- bail conditions
- assault
- FIR
- omnibus allegation
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84143 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- KACCHWA District- Rohtas
======================================================
1. Shiv Mangal Singh @ Shiv Mangal Yadav Son of Sipahi Singh Resident of
all Village - Tulsi Tola, P.S. - Kachhwan District - Rohtas, Bihar.
2. Singashan Singh @ Singashan Yadav @ Sighasan Singh Son of Late Soharai
Singh Resident of all Village - Tulsi Tola, P.S. - Kachhwan District - Rohtas,
Bihar.
3. Keshav Singh Son Jeirjodhan Singh Resident of all Village - Tulsi Tola, P.S.
- Kachhwan District - Rohtas, Bihar.
4. Jagdish Singh Son of Late Ram Swaroop Singh Resident of all Village -
Tulsi Tola, P.S. - Kachhwan District - Rohtas, Bihar.
5. Rintu Kumar @ Pintu Kumar Son of Baban Singh Resident of all Village -
Tulsi Tola, P.S. - Kachhwan District - Rohtas, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Prasad Singh, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 07-01-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. Learned Advocate for the petitioners seek
permission to make necessary correction in paragraph no. 12 of
the bail application.
3. Permission is accorded.
4. The petitioners are apprehending their arrest in
connection with Kachhwan P.S. Case No. 64 of 2025, registered
Patna High Court CR. MISC. No.84143 of 2025(2) dt.07-01-2026
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for the offences punishable under Sections 191(2), 191(3), 190,
126(2), 115(2), 117(2), 109, 303(2) and 74 of the Bharatiya
Nyaya Sanhita, 2023.
5. The allegation against the petitioners is of causing
assault by means of lathi, danda, gun and knife to the father and
brothers of the informant, besides the allegation of snatching of
valuables and misbehave with the informant.
6. Learned Advocate appearing on behalf of the
petitioners taking this Court through the FIR contented that the
FIR has been instituted against seventeen named accused
persons, however without there being any specific accusation
against anyone. There is a counter version of the present case
being Kachhwan P.S. Case No. 65 of 2025 instituted against the
family members of the informant. In the said incidence the
persons of the petitioner’s side have also sustained injuries. So
far the injuries which are allegedly sustained to the family
members of the informant are concerned, all of them have been
found simple, except one injury allegedly sustained to injured
Ajay Yadav over his wrist, which is on a non-vital part. To
support the aforesaid contention the injury report has been
placed on record as Annexure P/3 to the application. The
petitioners are men of fair antecedent and they undertake that
they will fully cooperate in the proceeding of the Court.
Patna High Court CR. MISC. No.84143 of 2025(2) dt.07-01-2026
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7. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that because of the assault being made by the petitioners, two
persons have sustained serious injury and one of the injury is
found to be grievous.
8. Regard being had to the submissions made on
behalf of the parties and considering the factum of case and
counter case, coupled with the omnibus nature of allegation and
the injuries over non-vital part, let the petitioners above named
be released on bail, in the event of their arrest or surrender
before the court below within a period of four weeks from the
date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
First Class Magistrate, Bikramganj(Rohtas) in connection with
Kachhwan P.S. Case No. 64 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 with the further condition that one of the bailors
shall be the own/close family members of the petitioner.
(Harish Kumar, J)
supratim/-
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