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Patna High Court

Ajay SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting bail subject to bond and conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Ajay Singh, sought anticipatory bail fearing arrest in a case registered under multiple sections of the BNS, 2023, alleging he was falsely implicated in an altercation involving his neighbour and the informant's son. He asserted he was not present at the incident, has a clean record, and suffers from lung cancer requiring chemotherapy. The State opposed the bail, arguing the seriousness of the offences. The court, considering the petitioner's health, lack of direct involvement, and the nature of the alleged injuries, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The bail order was issued to prevent his arrest for six weeks pending trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the allegations.
  • Whether the petitioner’s alleged non‑presence and health condition justify bail.
  • Whether the FIR allegations constitute a ground to deny anticipatory bail.

Legislation cited

  • BNS, 2023 — s. 109, 115(2), 118(1), 118(2), 126(2), 3(5), 351(3), 352
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • false implication
  • health condition
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9462 of 2026
                           Arising Out of PS. Case No.-83 Year-2025 Thana- Parasi District- Arwal
                 ======================================================
                 Ajay Singh S/o Late Dani Singh R/o Village - Makhdumabad, P.S - Parasi,
                 District - Arwal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shailendra Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 118(2), 109, 352, 351(3) and 3(5) of the BNS,

                   2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that his neighbour Ajay was having an altercation with

                   his son Raju at the shop of Bhagwan Singh, where the son of the

                   informant, Upendra, was also present and he intervened to stop

                   the altercation when Ajay and Raju assaulted Upendra by lathi,

                   further Raju assaulted Upendra by sharp edged weapon causing

                   injury on head, thereafter Rajesh and Raju assaulted the
Patna High Court CR. MISC. No.9462 of 2026(2) dt.26-03-2026
                                            2/3




          informant by gandasa causing injury on head.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          informant himself alleges that when his son intervened to stop

          the altercation in between the petitioner and his son Raju, the

          occurrence is alleged to have taken place. It is further submitted

          that petitioner was not even present at the place of occurrence. It

          is next submitted that petitioner is suffering from lungs cancer

          and is on chemotherapy, as would manifest from Annexure-2 to

          the anticipatory bail application, which is with regard to the

          treatment given to the petitioner for cancer by Paras Hospital,

          Patna. It is also submitted that even presuming what has been

          alleged is true without admitting then the injury suffered by the

          injured has been opined to be simple in nature, as would

          manifest from Annexure-3 to the anticipatory bail application.

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

          anticipatory bail application of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner and taking into consideration

          Annexure-2, the petitioner above-named, in the event of his
            Patna High Court CR. MISC. No.9462 of 2026(2) dt.26-03-2026
                                                        3/3




                      arrest or surrender within a period of six weeks from today, be

                      released on anticipatory bail on furnishing bail bonds of Rs.

                      10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned trial court where

                      the case is pending/successor court in connection with Parasi

                      P.S. Case No. 83 of 2025 subject to the conditions as laid down

                      under Section 482 (2) of BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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