Patna High Court
Hari Mohan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners under Section 482(2) of the B.N.S.S, subject to bond and surety conditions.
Summary
The petitioners, Hari Mohan Singh and his son Niraj Kumar, were implicated in a FIR alleging assault and attempted murder under several sections of the B.N.S, 2023. They claimed the allegations were false, stemming from a property dispute, and that the informant was a cousin who fabricated the complaint. The petitioners sought anticipatory bail, arguing they have clean antecedents and the injuries reported were minor. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 each and sureties, invoking Section 482(2) of the B.N.S.S, and imposed standard conditions for the duration of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S.
- Whether the allegations in the FIR constitute a cognizable offence justifying denial of bail.
- Whether the petitioners were falsely implicated due to a property dispute.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- false implication
- property dispute
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86198 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- DIGHWARA District- Saran
======================================================
1. Hari Mohan Singh S/O Late Sharwanand Singh Resident of Village-
Ramdaschak, P.O. and P.S.- Dighwara, District- Saran.
2. Niraj Kumar @ Niraj Kr. Singh S/O Hari Mohan Singh Resident of Village-
Ramdaschak, P.O. and P.S.- Dighwara, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi
For the Opposite Party/s : Ms. Renuka Ratnakar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109 read with Section 3(5) of the B.N.S, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 03.08.2025 at 10 A.M. while he was going to
Patna when he was intercepted by accused persons including the
petitioners and Hari Mohan Singh gave orders to kill, on which,
Neeraj assaulted him with sword causing injury beneath his eye,
thereafter Raushan assaulted by farsha causing injury on leg of
Patna High Court CR. MISC. No.86198 of 2025(3) dt.19-03-2026
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Nirmal, further Deepak and Uday assaulted Nirmal with lathi
and danda, on account of which he became unconscious. It is
also alleged that earlier the accused persons had assaulted his
minor daughter Aditi prior to the present occurrence for which a
Sanha was also given to the police.
4. Learned counsel submits that petitioners have been
falsely implicated in the instant case by the informant. It is next
submitted that Hari Mohan Singh is own cousin brother of the
informant and he has been implicated in the instant case along
with his son on account of dispute relating to property. It is also
submitted that from side of the petitioners, Dighwara P.S. Case
No.304/2025 has been instituted as such the instant FIR is a
counter blast. It is next submitted that even injury suffered by
Ajay, Nirmal and Aditi have been opined to be simple in nature
and petitioners are not criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
Patna High Court CR. MISC. No.86198 of 2025(3) dt.19-03-2026
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sureties of the like amount each to the satisfaction of learned
trial court where the case is pending/successor court in
connection with Dighwara P.S. Case No.306/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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