Patna High Court
Wakil SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail as the allegations are general, the petitioner has a clean antecedent, and co‑accused have been granted anticipatory bail.
Summary
The petitioner, Wakil Singh, was arrested in connection with a case registered under Sections 191(2), 191(3), 190, 103(1), 109 of the B.N.S., 2023 and Section 27 of the Arms Act. He contended that the FIR only alleged a general assault and that the specific accusations were directed at co‑accused Upendra Yadav and Munna Kumar, while other co‑accused had already been granted anticipatory bail. The petitioner had been in custody since 26 July 2025 and claimed a clean antecedent, with a chargesheet already filed. The informant opposed the bail application, arguing the seriousness of the allegations. The Court, after considering the nature of the accusation and the period of custody, ordered the petitioner’s release on bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the FIR’s general allegation of assault.
- Whether the existence of anticipatory bail for other co‑accused influences the grant of bail to the petitioner.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 109, 190, 191(2), 191(3)
Subjects
- bail
- anticipatory bail
- criminal procedure
- Sections 191,190,103,109
- Arms Act
- clean antecedent
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85618 of 2025
Arising Out of PS. Case No.-376 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Wakil Singh S/o Late Ram Prasad Yadav @ Late Prasad Yadav Resident of
village - Gyanchak, P.S - Udwantnagar, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar Singh, Adv.
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
Mr. Sunny Kumar, Adv.for Informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for
offence under Sections 191(2), 191(3), 190, 103(1), 109 of the
B.N.S., 2023 and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
from perusal of F.I.R., it is apparent that petitioner is not the
assailant of the deceased. Allegation of assault is general and
omnibus. Specific accusation is against co-accused Upendrda
Yadav and Munna Kumar. Similarly situated co-accused Mukul
Yadav and Indrajeet Yadav have been granted anticipatory bail
by this Court, vide order dated 11.12.2025 passed in Cr.Misc.
No. 85334 of 2025. Petitioner is in custody since 26.07.2025
and claims clean antecedent. Chargesheet has been submitted.
Patna High Court CR. MISC. No.85618 of 2025(3) dt.30-01-2026
2/2
4. Learned counsel for the informant opposes the
prayer for bail.
5. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Bhojpur at Ara in connection with Udwantnagar P.S.
Case No. 376 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…