Patna High Court

Upendra Singh @ Upendra Narayan SinghversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Upendra Singh, sought anticipatory bail fearing arrest in a case (Surajgarha PS Case No.279 of 2024) involving alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that co‑accused assaulted an informant with a sword and that the petitioner, along with four others, assaulted the informant’s mother with a revolver. The petitioner contended he was falsely implicated, that no specific allegation of assault was made against him, and that any injury was minor. The State opposed the bail application. The Court observed the lack of a specific charge against the petitioner and noted that a co‑accused had already been granted anticipatory bail, and therefore granted anticipatory bail to the petitioner subject to bail bonds, sureties and conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted in the absence of a specific allegation of assault against the petitioner
Whether the provisions of Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita permit the grant of anticipatory bail in this case

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 191(2), 3(5)
Bhartiya Nagarik Suraksha Sanhita — s. 482(2)

Subjects

anticipatory bail
criminal procedure
assault
arms act
specific allegation
Section 482
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91370 of 2025
                  Arising Out of PS. Case No.-279 Year-2024 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Upendra Singh @ Upendra Narayan Singh S/o- Late Ramgulam Singh
                 Village- Rampur PS-Surajgarha Dist- Lakhisarai
                                                                       ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Parmanand Pd. Nr. Sahi, Adv.
                 For the Opposite Party/s :      Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       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 connection

                   with Surajgarha P.S. Case No.279 of 2024 dated 26.09.2024,

                   registered for the offence under Section 191(2), 126(2), 115(2),

                   109(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 and under

                   Section 27 of Arms Act.

                                3. As per prosecution case, co-accused Amar Kumar,

                   Mohit Kumar and Dhiraj Kumar assaulted the informant by

                   means of sword. It is alleged that when informant's mother came

                   to rescue, petitioner and four others assaulted on the face and

                   hand of informant's mother by means of revolver.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.91370 of 2025(2) dt.15-01-2026
                                            2/3




          in the FIR and he has falsely been implicated in this case. He

          further submits that there is no specific allegation of assault

          against the petitioner rather the same is general and omnibus in

          nature. Learned counsel further submits that petitioner along

          with four others assaulted the informant's mother but injury is

          said to be simple in nature. He further submits that co-accused

          Amar Kumar, Mohit Kumar and Dhiraj Kumar assaulted the

          informant by means of sword. Petitioner bears criminal

          antecedent of two cases.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. Considering the fact that there is no specific

          allegation of assault against the petitioner and that the co-

          accused Aneg Singh @ Anek Singh has already been granted the

          privilege of anticipatory bail vide order dated 17.11.2025 in Cr.

          Misc. No.74036 of 2025 (Annexure-P/2), I am inclined to grant

          the privilege of anticipatory bail to the petitioner.

                       7. Accordingly, the petitioner, in the event of his arrest

          or surrender before the learned Court below within a period of

          six weeks, is directed to be released on anticipatory bail on his

          furnishing bail-bonds in the sum of Rs.10,000 /- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
          Patna High Court CR. MISC. No.91370 of 2025(2) dt.15-01-2026
                                                      3/3




                    satisfaction of the learned Chief Judicial Magistrate, Lakhisarai

                    in connection with Surajgarha P.S. Case No.279 of 2024, subject

                    to the conditions laid down under Section 482(2) of the Bhartiya

                    Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T

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