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Patna High Court

Vishal Upadhyay @ Vishal UpadhayayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that where the allegations are general and the injury to the police informant is simple, pre‑arrest bail may be granted subject to Section 482(2) of the BNSS.

Summary

Vishal and Akash Upadhyay were alleged to have assaulted a police informant during a land‑related scuffle, leading to simple injuries as per the medical report. The petitioners claimed they were falsely implicated and sought pre‑arrest bail. The State opposed the bail on the ground of the seriousness of the offences listed under Sections 126(2), 115(2), 109, 132, 352, 351(2) and 3(5) of the BNS. The court observed that the allegations were general and omnibus and the injury was minor, and therefore directed that the petitioners be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS. The district court was also instructed to verify any pending criminal antecedents, and the order would lapse automatically if any other case is found.

Issues considered

  • Whether pre‑arrest bail should be granted when the allegations are general and the injury to the police informant is simple
  • Whether the seriousness of the offences under the BNS precludes bail at the pre‑arrest stage

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 132, 3(5), 351(2), 352
  • BNSS — s. 482(2)

Subjects

  • pre‑arrest bail
  • general allegation
  • assault on police
  • simple injury
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87194 of 2025
                   Arising Out of PS. Case No.-109 Year-2025 Thana- KRISHNAGARH District- Bhojpur
                 ======================================================
           1.     Vishal Upadhyay @ Vishal Upadhayay, male age about- 24 years.
           2.    Akash Upadhyay @ Akash Upadhayay, male age about- 22 years
                 both are son of- Vidayabhusan Upadhyay, resident of village- Babhangawan,
                 Ps- Krishnagarh, Dist- Bhojpur

                                                                                ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Priya, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   28-01-2026                     Heard       Ms. Priya, learned counsel appearing on

                   behalf of the petitioners and Mr. Rabindra Kumar, learned APP

                   for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Krishnagarh P.S. Case No. 109 of 2025, registered for the

                   offence punishable under Sections 126 (2), 115 (2), 109, 132,

                   352, 351(2) and 3(5) of the BNS.

                                3. As per the allegations made in the FIR, while the

                   informant,       who       is   a   police     personnel,     had     reached

                   Bhabhangawan village in the course of patrolling duty, he

                   noticed that two parties were engaged in a free fight. When the

                   informant intervened to pacify the matter, the petitioners, along
Patna High Court CR. MISC. No.87194 of 2025(2) dt.28-01-2026
                                            2/3




          with other co-accused persons, had allegedly assaulted him,

          causing injuries

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case. General and

          omnibus allegation has been levelled against the petitioners. He

          further submitted that with respect to a piece of land, an scuffle

          took place between two parties, who are agnates and when the

          police had intervened to pacify the matter, the informant had

          sustained some injury, which have been opined by the doctor to

          be simple in nature, as would appear from the impugned order.

          On these grounds, petitioners seek to be released on pre-arrest

          bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Considering the rival submissions made on behalf

          of the parties, as well as, the fact that general and omnibus

          allegation has been levelled against the petitioners and injury

          sustained by the informant has been opined by the doctor to be

          simple in nature, the petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of
              Patna High Court CR. MISC. No.87194 of 2025(2) dt.28-01-2026
                                                          3/3




                        four weeks from today, on furnishing bail bond of Rs. 10,000/-

                        (Rupees Ten Thousand) each with two sureties of the like

                        amount each to the satisfaction of the learned District Court

                        where the case is pending, in connection with Krishnagarh P.S.

                        Case No. 109 of 2025, subject to the condition as laid down

                        under Section 482(2) of the BNSS.

                                     7. The learned District Court is directed to verify

                        the criminal antecedent of the petitioners as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioners as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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