Patna High Court
Sipahi SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) of the Code of Criminal Procedure.
Summary
Sipahi Singh and Manoj Singh (Manoj Yadav) sought anticipatory bail fearing arrest in a case involving alleged assault with deadly weapons under several sections of the Bihar Non‑Specific Act, 2023. The prosecution alleged that the petitioners attacked an informant and her family, causing injuries, including a grievous fracture to Ram Chandra Singh. The petitioners contended they have clean antecedents, were falsely implicated, and that the injuries were either simple or not on vital parts of the body; they also pointed out that co‑accused had been granted bail. The Additional Public Prosecutor opposed bail, emphasizing the grievous nature of the injury. The court, after considering the nature of the injuries, the petitioners' antecedent, and the bail granted to co‑accused, ordered anticipatory bail under Section 438(2) of the CrPC with stringent conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite allegations of assault causing grievous injury.
- Whether the nature of the injuries qualifies as grievous hurt under the relevant statutes.
- Whether the petitioners' clean antecedent and the bail granted to co‑accused influence the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- grievous hurt
- Section 438 CrPC
- Bihar Non‑Specific Act
- assault with deadly weapons
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86580 of 2025
Arising Out of PS. Case No.-137 Year-2025 Thana- DHANSOI District- Buxar
======================================================
1. Sipahi Singh S/o Late Devaki Singh R/o Village - Udhopur, P.S - Dhansoin,
District - Buxar
2. Manoj Singh @ Manoj Yadav S/o Ganesh Yadav R/o Village - Udhopur, P.S
- Dhansoin, District - Buxar
... ... petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr. Ravi Shankar Pathak, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Ravi Shankar Pathak, learned counsel
for the petitioners and Mr. Anil Prasad Singh, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Dhansoin P.S. Case No. 137 of 2025, F.I.R.
dated 15.09.2025 for the offences punishable under Sections
126(2), 115(2), 117(2), 303(2), 352, 109 and 3(5) of the BNS,
2023.
3. According to prosecution case, all the accused
persons including these petitioners armed with deadly weapons
have brutally assaulted the informant and her family members
due to which they sustained several injuries.
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4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. Due to some petty dispute the
present occurrence has been taken place. There is case and
counter case between the parties. The petitioners are named in
the F.I.R and there is specific allegation against these petitioners
that they have assaulted to the informant and her family
members but the injury report of the injured persons suggest that
the injuries are simple in nature, except one injury received by
Ram Chandra Singh where the doctor has opined that the said
injury is grievous in nature but from perusal of the injury report
it appears that :-
" Ram Chander Singh has sustained:-
1. Stitched wound on right parietal region size 04 cm, three
stitch
2. Swelling over left wrist of size 02 cm x 01 cm
3. Swelling over right wrist of size 01 cm x 01 cm
4. Lacerated wound of size 0.5 cm x 0.25 cm over left forehead.
The said injuries has been alleged to be caused by Sipahi Singh and Pappu
Yadav.
X-ray of right wrist joint and left wrist joint shows comminuted
fracture distal radius. Hence, the injury no. 2 and 3 have been opined to be
grievous in nature and injury no. 1 is kept reserved and injury no. 4 has
been opined to be simple in nature caused by hard and blunt object. His
supplementary injury report shows that the injury no. 1 has been opined to
be simple in nature."
5. Learned counsel for the petitioners submits that the
above-mentioned injury report suggest that although the injury
is said to be grievous in nature but the same is on his hand and
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not on the vital part of the body. He further submits that the
similarly situated co-accused, namely, Belash Singh, Munna
Singh, Raju Singh and Ganesh Singh have been granted
anticipatory bail by the learned court below itself.
6. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
submits that the petitioner no. 2 has assaulted Ram Chandra
Singh due to which he has sustained grievous injury.
7. Considering the aforesaid facts and circumstances,
let the petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned J.M 1st Class, Court No. 12 at Buxar in connection with
Dhansoin P.S. Case No. 137 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
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reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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