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Patna High Court

Singhani Bhar @ Raj Singhani KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to conditions.

Summary

The petitioner, Singhani Bhar, was implicated in a violent incident during a Durga Puja immersion ceremony on 13 October 2024, where a group allegedly assaulted a complainant with sticks, swords and other weapons, leading to serious injuries. He was named in a police case (No. 353 of 2024) for offences under Sections 126(2), 115(2), 109, 118(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner filed an application for anticipatory bail, asserting his innocence, lack of specific allegations against him, and a clean criminal record. The State opposed the bail, but the court noted that the allegations were general and omnibus, with no direct charge against the petitioner. Relying on Section 482(2) of the B.N.S., the court granted anticipatory bail subject to a cash bond and sureties, and imposed standard conditions for release.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite being named in a general, omnibus allegation of participation in the assault.
  • Whether the court can exercise its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to grant anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • general allegation
  • clean antecedent
  • criminal procedure
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91876 of 2025
                     Arising Out of PS. Case No.-353 Year-2024 Thana- HUSSAINGANJ District- Siwan
                 ======================================================
                 Singhani Bhar @ Raj Singhani Kumar S/o Tengari Bhar Resident of village-
                 Khanpur Chairati, PS- Hussainganj, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ramchandra Sahni, Adv
                 For the Opposite Party/s :       Mr.Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Hussainganj P.S. Case No. 353 of 2024, registered for the

                   offence punishable under Sections 126(2), 115(2), 109, 118(1),

                   3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that the

                   complainant had gone to drive a tractor at the Durga Puja

                   immersion ceremony in Husain Ganj on 13.10. 2024 at around 9

                   PM. Bigu Bhar, Laxman Bhar, Mahesh Sah, Lakhan Sah,

                   Deepak Sharma, Rajveer Bhar, Ratan Bhar, Budhu Bhar,

                   Singhani Bhar, and three or four other people from the same

                   village, while creating a disturbance, verbally abused the

                   complainant, dragged him from the tractor, and beat him with
Patna High Court CR. MISC. No.91876 of 2025(2) dt.15-01-2026
                                            2/3




          sticks, swords, axes, and iron pipes, injuring his head and

          leaving him covered in blood. People present at the fair saved

          the complainant's life and took him to the Husain Ganj health

          centre for treatment. After first aid, the complainant was

          immediately referred to the Sadar Hospital, Siwan.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. The

          allegation against the petitioner is general and omnibus in

          nature. He further submits that the petitioner has no criminal

          antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. The petitioner has clean antecedent. There is

          general and omnibus allegation against the petitioner of

          assaulting the informant. There is no specific allegation against

          the petitioner. He is alleged to be a member of the gang who

          was involved in committing the offence. Under these

          circumstances,        this Court is inclined to grant privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, named above, in the event of his

          arrest or surrender before the Court below within four weeks

          from today, be released on bail on furnishing bail bond of
              Patna High Court CR. MISC. No.91876 of 2025(2) dt.15-01-2026
                                                          3/3




                        Rs.10,000/- (Ten thousand) with two sureties of the like amount

                        each to the satisfaction of the learned C.J.M., Siwan in

                        connection with Hussainganj P.S. Case No. 353 of 2024, subject

                        to the conditions laid down under section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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