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Patna High Court

Sahab SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioners subject to surrender within eight weeks and furnishing bail bonds of Rs.10,000 each with two sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, Sahab Singh and Anil Singh, were accused of assaulting an informant's head under Sections 126(2), 115(2), 329(4), 110 and 352 of the Bhartiya Nyaya Sanhita. They sought bail, fearing arrest, and argued that the medical report showed only one injury, contradicting the prosecution's case, and that they have clean antecedents. The State opposed the bail application. The Court examined the inconsistency in the evidence and the petitioners' background, and applied the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. It ordered that bail be granted if the petitioners surrender within eight weeks, upon furnishing bail bonds of Rs.10,000 each with two sureties of equal amount, subject to the satisfaction of the learned ACJM. The bail order effectively disposed of the petition.

Issues considered

  • Whether bail should be granted to the petitioners despite the charges under Sections 126(2), 115(2), 329(4), 110 and 352 of the Bhartiya Nyaya Sanhita
  • Whether the contradiction between the medical report and the prosecution's case warrants bail
  • Whether the petitioners' clean antecedent influences the bail decision

Legislation cited

Subjects

  • bail
  • criminal procedure
  • evidence contradiction
  • sections of Bhartiya Nyaya Sanhita
  • Section 482
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.90277 of 2025
                 Arising Out of PS. Case No.-342 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
                 ======================================================
           1.     Sahab Singh Son of Hargen Singh Resident of Village - Baruri, P.S. -
                  Durgawati, Dist. - Kaimur at Bhabhua.
           2.    Anil Singh Son of Sahab Singh Resident of Village - Baruri, P.S. -
                 Durgawati, Dist. - Kaimur at Bhabhua.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pawan Kumar Singh
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   17-01-2026                    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 offence under Sections 126(2), 115(2), 329(4),

                   110, 352 of the Bhartiya Nyaya Sanhita.

                                3. As per F.I.R., these two petitioners are alleged to

                   have assaulted on the head of informant, but doctor has found

                   only one injury, which itself contradicts the prosecution case.

                   Petitioners claim clean antecedent.

                                4. Learned A.P.P. for the State has opposed the bail

                   petition.

                                5. In the facts and circumstances of the case, let the
           Patna High Court CR. MISC. No.90277 of 2025(2) dt.17-01-2026
                                                       2/2




                     above named petitioners, in the event of their arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     learned A.C.J.M., Mohania (Kaimur)                   in connection with

                     Durgawati P.S. Case No. 342 of 2025, subject to condition as

                     laid down under Section 482 of the Bhartiya Nagrik Suraksha

                     Sanhita, 2023.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


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