Patna High Court
Harendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioners were specifically accused of serious offences and possessed prior criminal records.
Summary
The petitioners, Harendra Singh and Kunal Singh, sought anticipatory bail after being named in an FIR alleging that they, along with others, assaulted the husband of an informant, leading to his death. They claimed innocence, argued that the allegations were vague, and highlighted a delay of more than a month in lodging the case. The State opposed the bail, emphasizing the specific accusations, the seriousness of the offences under the Bihar Narcotic Substances Act, and the petitioners' three prior criminal records each. The court examined the specificity of the charge, the gravity of the offences, and the petitioners' antecedents. Concluding that the criteria for anticipatory bail were not satisfied, the court rejected the petitioners' prayer. Consequently, the anticipatory bail was denied.
Issues considered
- Whether anticipatory bail should be granted to the petitioners given the specific accusations and their criminal antecedents
- Whether the delay in filing the FIR affects the grant of anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- criminal antecedents
- specific accusation
- delay in FIR
- assault
- homicide
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8685 of 2026
Arising Out of PS. Case No.-584 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Harendra Singh S/O Late Siyaram Singh R/o Vill- Basatpur Babu Tola, P.S.-
Muffasil, Dist.- East Champaran
2. Kunal Singh S/O Harendra Singh R/o Vill- Basatpur Babu Tola, P.S.-
Muffasil, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Anuj Kumar, Advocate
For the State : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 117(2), 352, 351(2), 351(3) and 3(5) of the
B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
abused and assaulted husband of informant with sticks due to
which, during course of treatment, husband of informant
succumbed to the injuries.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.8685 of 2026(2) dt.23-02-2026
2/2
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case with ulterior motive. Moreover,
allegation of assault is general and omnibus. The present case
has been lodged after inordinate delay of more than one month
and there is no plausible explanation for the same, which itself
makes the entire prosecution case doubtful.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. and there is specific accusation that they, along with other
accused persons, assaulted husband of informant due to which
he sustained multiple injuries and died during course of
treatment. Petitioners are assailant of the deceased and have got
three criminal antecedents each.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and criminal antecedents of the petitioners, the prayer for grant
of anticipatory bail to the petitioners is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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