Patna High Court
Sahab SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 110, 115(2), 126(2), 329(4), 352
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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