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Patna High Court

Vishal SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
  • BNSS — s. 482(2)

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
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          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


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