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Patna High Court

Hari Mohan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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