Patna High Court

Kamal Dev Singh @ KamaldevversusThe State of Bihar

Decided: 22 January 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioners subject to bail bond and surety conditions.

Summary

The petitioners, three brothers from Mahuli village, feared arrest in a case (PS 198/2025) alleging assault under multiple sections of the Indian Penal Code. They claimed to have clean antecedents and argued that the informant’s FIR was vague and that they were falsely implicated. Their counsel emphasized that the alleged assault was not specifically described and that the petitioners would cooperate with the investigation rather than abscond. The State opposed the anticipatory bail application. The court, after considering the submissions, ordered that the petitioners be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing bail bonds of Rs 10,000 with two sureties each, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bihar Criminal Procedure Code.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC.
Whether the FIR’s allegations are sufficiently specific to deny bail.
Whether the petitioners are likely to abscond or tamper with evidence.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Indian Penal Code — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 324(2), 329(4), 351(2), 352, 74

Subjects

anticipatory bail
false implication
assault
clean antecedent
bail conditions
CrPC Section 438
IPC sections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87927 of 2025
                      Arising Out of PS. Case No.-198 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
           1.     Kamal Dev Singh @ Kamaldev Son of Late Syam Bihari Singh R/O Village
                  - Mahuli,P.S - Didarganj, District - Patna.
           2.    Sakal Dev Singh Son of Late Syam Bihari Singh R/O Village - Mahuli,P.S -
                 Didarganj, District - Patna.
           3.     Raju Kumar Son of Kamal Dev Singh @ Kamaldev R/O Village -
                  Mahuli,P.S - Didarganj, District - Patna.
                                                                    ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ahmad Ali, A.P.P.
                 ======================================================
                 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 329(4),

                   191(2), 191(3), 190, 126(2), 115(2), 74, 109, 352, 351(2) and

                   324(2) of the BNS.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that eight accused persons including the petitioners

                   entered her house and assaulted causing injury to her and her

                   son.

                                4. Learned counsel for the petitioners submits that
           Patna High Court CR. MISC. No.87927 of 2025(2) dt.22-01-2026
                                                       2/2




                     petitioners have been falsely implicated in the instant case by

                     the informant. It is further submitted that from perusal of the

                     allegation as alleged in the FIR, it would manifest that

                     allegation of assault is not specific. It is next submitted that

                     petitioners will not abscond rather will cooperate in the

                     investigation to prove their innocence.

                                  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, let 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

                     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

                     Didarganj P.S. Case No. 198 of 2025, subject to the conditions

                     as laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     BNSS.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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