Patna High Court
Upendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioner’s clean antecedent and the circumstances of a property dispute, anticipatory bail could be granted under Section 482(2) of the B.N.S., subject to conditions.
Summary
The petitioner, Upendra Singh, was accused of assaulting the informant's grandmother and mother over a dispute concerning an Aadhaar card, with the informant alleging that the petitioner and his wife attacked them. The petitioner contended that he has a clean record and that the allegations are false, arising from a property dispute between agnates. He applied for anticipatory bail, arguing that the charges were fabricated to give seriousness to the case. The State opposed the bail, citing the seriousness of the offences listed under the B.N.S., 2023. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, invoking Section 482(2) of the B.N.S., with conditions for surrender within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S. in view of the allegations of assault and the nature of the offences.
- Whether the petitioner’s alleged involvement is a false implication arising from a property dispute, justifying bail.
Legislation cited
- B.N.S., 2023 — s. 110, 115(2), 117(2), 126, 3(5), 351(3), 352
Subjects
- anticipatory bail
- section 482
- B.N.S.
- assault
- property dispute
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85513 of 2025
Arising Out of PS. Case No.-126 Year-2025 Thana- Kaler District- Arwal
======================================================
Upendra Singh S/O Late Sripati Yadav Resident Of Village- Belaon, P.S-
Kaler, Distt.- Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh
For the Opposite Party/s : Mr. Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126, 115(2),
352, 110, 117(2), 351(3), 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that petitioner along with his wife Pramila Devi entered his
house at 7.30 AM on 12.09.2025 and started assaulting his
grandmother on issue of Adhar card and when his mother
intervened, petitioner assaulted her by rod causing injury on head,
while Pramila also assaulted his mother.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner and the informant are
agnates and on account of dispute relating to property, an
Patna High Court CR. MISC. No.85513 of 2025(2) dt.13-01-2026
2/2
altercation had taken place in which both side assaulted each other.
It is also submitted that in order to give seriousness to the case, it
is alleged that it was petitioner who assaulted grandmother and
mother of the informant. It is next submitted that women folk of
both the side assaulted each other and injury has been suffered by
both the side and the injury suffered by the side of the informant
has been opined to be simple in nature. It is also submitted that
petitioner is not a criminal.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event
of his arrest or 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.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Kaler P.S. Case No.126/2025, subject to the
conditions as laid down under Section 482(2) B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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