Patna High Court
Dilip Singh @ Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that, given the simple nature of the injury and the surrounding facts, the petitioner is entitled to pre‑arrest bail subject to the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Dilip Singh, sought pre‑arrest bail in connection with a case alleging assault on an informant over a loan dispute, with charges under Sections 115(2), 126(2), 109 and 352 of the Bharatiya Nagrik Suraksha Sanhita. He claimed the injury to the informant was simple and that a prior case (279/2025) involved him as a victim. The State opposed bail, citing the seriousness of the offences and the petitioner’s criminal antecedent. The court examined the nature of the injury, the existence of a counter‑case, and the statutory provisions for bail. Finding the injury to be minor and the circumstances not warranting detention, the court ordered bail with a bond of Rs 10,000, two sureties, and a condition that one bailor be a close family member, under Section 482(2) of the BNS. The order was made subject to the petitioner’s surrender within four weeks.
Issues considered
- Whether pre‑arrest bail should be granted for offences under Sections 115(2), 126(2), 109 and 352 of the BNS given the alleged assault.
- Whether the petitioner’s criminal antecedent precludes the grant of bail.
- Whether the conditions prescribed in Section 482(2) of the BNS are satisfied.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 352, 482(2)
Subjects
- pre‑arrest bail
- assault
- loan dispute
- simple injury
- criminal antecedent
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- bail conditions
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91187 of 2025
Arising Out of PS. Case No.-280 Year-2025 Thana- SOHSARAI District- Nalanda
======================================================
Dilip Singh @ Dilip Kumar S/o Late Awadh Singh R/o Mohalla - Basarbigha,
(Mogal Kuan, Baulipar), P.S - Sohsarai, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Adv.
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Sohsarai P.S. Case No. 280 of 2025, registered for the
offences punishable under Sections 115(2), 126(2), 109 and 352
of the BNS.
3. Allegedly, the mother of the informant had taken
loan of Rs. 10,000/- from the petitioner and when the petitioner
had come to realize his money, the informant had requested for
a short period, so that he could return the amount; this infuriated
the petitioner and he assaulted over the head of the informant,
due to which he sustained head injury.
4. Learned Advocate for the petitioner submitted that
admittedly the mother of the informant had taken a loan of Rs.
Patna High Court CR. MISC. No.91187 of 2025(2) dt.15-01-2026
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10,000/- from the petitioner and in course of realizing the due
amount, some altercation took place, which subsequently
resulted into a scuffle and an unfortunate injury. However, the
injury, which is allegedly sustained to the informant is
concerned, the same has been found to be simple in nature. To
support the aforesaid contention, the injury report has been
placed on record as Annexure- P/4. There is a counter version of
the present case being Sohsarai P.S. Case No. 279 of 2025,
instituted against the informant and others, admittedly prior to
the present case. In the said incidence also, the petitioner has
sustained head injury.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that besides
the allegation of causing assault to the informant, the petitioner
also bears one criminal antecedent.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the nature of dispute, besides the factum of case and counter
case, as well as the simple nature of injury to the informant, let
the petitioner above named be released on bail, in the event of
his arrest or surrender before the court below within a period of
four weeks from the date of receipt/production of a copy of this
Patna High Court CR. MISC. No.91187 of 2025(2) dt.15-01-2026
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order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate 1st Class, Nalanda at Bihar Sharif
in connection with Sohsarai P.S. Case No. 280 of 2025, subject
to the conditions laid down in Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023 with the further condition that
one of the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
shivank/-
U T
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