Patna High Court
Raghuveer Singh @ Raghuveer KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to strict conditions, under Section 438(2) CrPC read with Section 482(2) B.N.S.
Summary
The petitioner, Raghuveer Singh, was implicated in a police case alleging assault with an iron rod and prior firing at an informant, invoking several sections of the B.N.S. He applied for anticipatory bail fearing arrest, while the State opposed the relief. The petitioner argued false implication and cited a counter‑case and a medical report indicating only simple injuries. The court examined the seriousness of the allegations, the petitioner’s four prior criminal cases (all on bail), and the statutory provisions governing anticipatory bail. Considering the circumstances, the court granted anticipatory bail under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S., imposing a bail bond, sureties, and multiple compliance conditions. The order emphasized that the bail conditions are enforceable and that any breach could lead to cancellation, while noting that the observations in the order will not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the B.N.S.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S. are sufficient to safeguard the trial process
Legislation cited
- B.N.S. — s. 110, 115(2), 126(2), 3(5), 351(2), 351(3), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- criminal antecedents
- assault
- B.N.S. offences
- bail conditions
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9705 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Raghuveer Singh @ Raghuveer Kumar Son of Sampat Singh R/o Village -
Rajputan Pachauna, P.S. - Koilwar, Dist. - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Malti Kumari, Adv.
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Koilwar P.S. Case No. 222 of 2025 dated 18.09.2025
registered for the offences punishable under Sections 126(2),
115(2), 110, 352, 351(2), 351(3) and 3(5) of the B.N.S.
3. The allegation against the petitioner is that he
assaulted the informant with iron rod and brutally injured him. It
is further alleged that earlier the petitioner had fired upon the
informant for which the informant had already lodged a case
against him.
4. The learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It has further
been submitted that for the same incident, there is a counter case
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lodged on behalf of the petitioner. It has further been submitted
that the injury report of the injured namely, Shashikant Pandey
has been brought on record which indicates that the injury
sustained was found to be simple in nature. It has lastly been
submitted that though the petitioner has four criminal
antecedents, he is on bail in all the said cases.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
court in connection with Koilwar P.S. Case No. 222 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
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petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
(v) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of Police,
Bhojpur at Ara within fifteen (15) days of his release with a copy
of this order and every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept under watch in
this period by the concerned Superintendent of Police and if it is
found wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation of bail
of the petitioner for reasons of misuse of bail. After reporting to
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the Superintendent of Police, a certificate will be filed by the
petitioner before the Court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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