Patna High Court
Raju Kumar Singh @ Rajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Raju Kumar Singh, sought anticipatory bail fearing arrest in a case (Muffasil P.S. Case No. 335 of 2025) involving multiple offences under the BNSS, including assault causing abrasion to the victim's lip. The prosecution alleged that the petitioner assaulted the victim, while the petitioner claimed innocence, asserting that the injuries were minor and that he had been falsely implicated despite having four prior criminal antecedents. The State opposed the anticipatory bail application. The Court examined whether the seriousness of the alleged offences and the petitioner’s antecedents warranted denial of bail. Considering the facts and the legal provisions, the Court allowed the anticipatory bail, directing the petitioner to surrender within four weeks and secure bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the nature of the offences and his prior criminal antecedents
- Whether the conditions prescribed under Section 438(2) of the CrPC and Section 482 of the BNSS are satisfied
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- assault
- criminal antecedents
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89454 of 2025
Arising Out of PS. Case No.-335 Year-2025 Thana- MUFFASIL District- Aurangabad
======================================================
Raju Kumar Singh @ Rajesh Kumar Singh S/o Late Awadhesh Singh R/o
Village- Bharthauli, P.S- Muffasil, Dist- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Muffasil P.S. Case No. 335 of 2025 registered
for the offence under Sections 126(2), 115(2), 352, 351(2),
303(2), 109(1), 132, 3(5) of B.N.S.
3. As per the prosecution case, petitioner is
accused of assaulting the victim causing abrasion on the upper
lip.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that injuries
sustained by the victim are simple in nature. Petitioner has four
criminal antecedents.
Patna High Court CR. MISC. No.89454 of 2025(2) dt.04-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned C.J.M.,
Aurangabad/ concerned Court below in connection with
Muffasil P.S. Case No. 335 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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