Patna High Court
Singhani Bhar @ Raj Singhani KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
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
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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
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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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