Patna High Court
Vishal Upadhyay @ Vishal UpadhayayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
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
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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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