Patna High Court

Rajesh SinghversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioner with specified conditions.

Summary

The petitioner, Rajesh Singh, sought anticipatory bail after being implicated in a FIR alleging assault with firearms and causing injuries, including a grievous injury to a finger, under multiple sections of the B.N.S. The incident stemmed from a family dispute, as the petitioner is the brother of the informant's husband. The petitioner argued that the allegations were vague, the injury was inflicted on a non‑vital part of the body, and he has no prior criminal record. The State opposed the bail, contending the seriousness of the offences. Considering the familial context, the nature of the injury, and the petitioner's clean record, the Court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties of equal amount, surrender within four weeks, and compliance with Sections 438(2) of the CrPC and 482(2) of the B.N.S.S. 2023.

Issues considered

Whether anticipatory bail should be granted in a case involving assault with a firearm and grievous injury arising from a family dispute
Whether the nature of the injury and the petitioner's lack of criminal antecedents justify bail despite the seriousness of the charges

Legislation cited

B.N.S. — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 302(2), 308(4), 352, 74
B.N.S.S. — s. 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
assault
family dispute
non‑vital injury
bail bond
CrPC Section 438
B.N.S. Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88067 of 2025
                     Arising Out of PS. Case No.-521 Year-2025 Thana- NOORSARAI District- Nalanda
                 ======================================================
                 Rajesh Singh Son of Late Dwarkaa Singh Residence of village Kharjamma,
                 P.S.- Noorsarai, District - Nalanda, State - Bihar
                                                                           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rahul Kumar
                 For the Opposite Party/s :       Mr.Mohammad Sufyan
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered under Sections 126(2), 115(2), 117(2), 190, 191(2),

                   352, 74, 109, 308(4), 302(2) of the B.N.S.

                                3. Allegation in the first information report is that the

                   accused persons including the petitioner came variously armed

                   and indulged in assault causing injury.

                                4. Learned counsel for the petitioner submits that it

                   would be apparent from the perusal of the first information

                   report that the allegations are mostly general and omnibus in

                   nature. So far as the allegation specifically with regard to the

                   petitioner is concerned, it has been submitted that he is said to

                   have assaulted the husband of the informant on his finger by

                   means of butt of the rifle and on the cheek of the informant.
Patna High Court CR. MISC. No.88067 of 2025(2) dt.15-01-2026
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          While one of the injury is said to be simple in nature, the injury

          on the finger is said to be grievous, however, the same is on

          non-vital part and other accused is also said to have assaulted on

          the finger. It has also been submitted that the occurrence had

          taken place on account of a dispute with regard to closing of the

          lane and petitioner happens to be the own brother of the

          informant's husband.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and also considering the fact that the petitioner

          and the informant's husband are real brothers and the case arises

          out of a family dispute coupled with the fact that the injury

          attributed to the present petitioner has been caused on non-vital

          part, let the petitioner above named, who has no criminal

          antecedent, in the event of his arrest or surrender before the

          learned Court below within a period of four weeks, be released

          on anticipatory bail in connection with Noorsarai P.S. Case

          no.521 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending subject to the condition laid down under Section
             Patna High Court CR. MISC. No.88067 of 2025(2) dt.15-01-2026
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                       438(2) of the Code of Criminal Procedure/Section 482(2) of the

                       B.N.S.S, 2023.



                                                 (Soni Shrivastava, J)
devendra/-

U      T

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