Patna High Court
Ajay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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
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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
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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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