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Patna High Court

Sipahi SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.86580 of 2025(2) dt.08-01-2026
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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
Patna High Court CR. MISC. No.86580 of 2025(2) dt.08-01-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.86580 of 2025(2) dt.08-01-2026
                                                        4/4




                      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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