Patna High Court
Vishal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions imposed under Section 482(2) of the BNSS.
Summary
Vishal and Rahul Singh applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the BNS, 2023. They contended that the FIR was filed by a family informant who sought to evict them from a house, and that the alleged assault was a mutual family altercation, not a criminal act. The petitioners highlighted their clean antecedents and a pending case against the informant, asserting that they would cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, directing release if arrested within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged in the FIR.
- Whether the family dispute and alleged false implication justify the grant of bail under Section 482(2) of the BNSS.
Legislation cited
Subjects
- anticipatory bail
- false implication
- family dispute
- BNS 2023
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87784 of 2025
Arising Out of PS. Case No.-315 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
1. Vishal Singh S/o Late Baijnath Prasad Singh Resident of Village/ Mohalla-
Jangli Prasad Lane, Patna Sahib Railway Station, Vetenary Hospital, P.S.-
Chowk, District- Patna
2. Rahul Singh S/o Late Baijnath Prasad Singh Resident of Village/ Mohalla-
Jangli Prasad Lane, Patna Sahib Railway Station, Vetenary Hospital, P.S.-
Chowk, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 09.08.2025 at around 11:30 AM, he had gone to
his sister's house on even of Rakshabandhan when Rahul and
Vishal both brothers of his brother-in-law came and assaulted
him by sharp edged weapon causing injury on head and hand.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.87784 of 2025(2) dt.22-01-2026
2/3
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
petitioners are own brothers of the husband of the sister of the
informant. It is next submitted that informant was trying to oust
the petitioners from the house by taking his sister into
confidence, as such, there was unrest in the family and when
informant came on the eve of Rakshabandhan, an altercation
took place in which both sides assaulted each other. It is also
submitted that injury suffered by the informant has been opined
to be simple and petitioners are not criminals and will not
abscond rather will cooperate in the investigation to prove their
innocence. It is next submitted that from side of the petitioners
also Chowk P.S. Case No. 316 of 2025 has been instituted
against the informant, his sister and brother-in-law i.e. (brother
of the present petitioners)
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.87784 of 2025(2) dt.22-01-2026
3/3
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Chowk
P.S. Case No. 315 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…