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Patna High Court

Budhraj SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed withdrawal of the anticipatory bail application for petitioners 1 and 2, granted anticipatory bail to petitioners 3 and 4, and rejected anticipatory bail for petitioner 5.

Summary

The petitioners, comprising members of the Singh family, filed an anticipatory bail application in a case registered under several sections of the Bihar Negotiable (B.N.S.) Act. Petitioners 1 and 2 (Budhraj Singh and Guddu Kumar) were arrested during the pendency of the application and sought to withdraw it, which the court permitted. Petitioners 3 (Rita Devi) and 4 (Prince Kumar) pleaded for anticipatory bail, asserting clean antecedents and arguing that custody would jeopardize their futures; the State opposed, citing grievous injuries to the informant’s family. The court granted anticipatory bail to petitioners 3 and 4 subject to bail bonds and conditions under Section 482(2) of the Criminal Procedure Code, but denied bail to petitioner 5 (Pappu Kumar) due to a prior criminal record under the Arms Act. The application was thus allowed in part, with withdrawal accepted for petitioners 1 and 2, bail granted to 3 and 4, and bail rejected for 5.

Issues considered

  • Whether anticipatory bail may be withdrawn for petitioners who have been arrested.
  • Whether petitioners 3 and 4 are entitled to anticipatory bail despite allegations of assault and grievous injury to the informant’s family.
  • Whether petitioner 5 should be denied anticipatory bail on account of a prior criminal antecedent under the Arms Act.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of bail application
  • grievous injury
  • criminal antecedent
  • Section 482
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9785 of 2026
                        Arising Out of PS. Case No.-499 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
           1.     Budhraj Singh Son of Late Ram Awatar Singh R/o Village - Bensagar, P.S. -
                  Dinara, District - Rohtas.
           2.    Guddu Kumar Son of Budhraj Singh R/o Village - Bensagar, P.S. - Dinara,
                 District - Rohtas.
           3.    Rita Devi Wife of Budhraj Singh R/o Village - Bensagar, P.S. - Dinara,
                 District - Rohtas.
           4.    Prince Kumar Son of Budhraj Singh R/o Village - Bensagar, P.S. - Dinara,
                 District - Rohtas.
           5.    Pappu Kumar Son of Budhraj Singh R/o Village - Bensagar, P.S. - Dinara,
                 District - Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nagendra Upadhyay
                 For the Opposite Party/s :        Mr.Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The learned counsel for the petitioners seeks

                   permission to withdraw the present anticipatory bail application

                   with respect to petitioner nos.1 and 2, namely, Budhraj Singh

                   and Guddu Kumar respectively as they were arrested during

                   pendency of the instant anticipatory bail application.

                                3. Permission is accorded.

                                4. Accordingly, instant petition is dismissed as
Patna High Court CR. MISC. No.9785 of 2026(2) dt.30-03-2026
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          withdrawn with respect to petitioner nos.1 and 2, namely,

          Budhraj Singh and Guddu Kumar.

                       5. The petitioner nos.3, 4 and 5 seek bail in

          anticipation of their arrest in a case registered for the offences

          punishable under Sections 126(2), 115(2), 109, 351(2), 352,

          117(2), 3(5) of the B.N.S.

                       6. The learned counsel for the petitioners submits that

          the petitioner nos.3 and 4 are persons with clean antecedent and

          petitioner no.5 has antecedent of one case and petitioner no.3 is

          a woman and the informant alleges that on 17.11.2025 at about

          3.00 P.M., he along with his son (Santosh) were irrigating the

          potato field when his agnates (petitioners) came variously armed

          and started abusing. On objection, the accused persons assaulted

          his son by an iron rod, lathi and danda causing injury on

          forehead and his son also suffered internal injury. Further, when

          the informant’s family members came to rescue them, the

          accused also assaulted them with lathi, danda and iron rod

          causing injury on forehead of his nephew Hari Shankar and he

          also suffered fracture of left hand. Further, Upendra was also

          assaulted, who suffered injury on his head and left hand while

          wife of the informant sustained fracture injury of right hand.

                       7. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.9785 of 2026(2) dt.30-03-2026
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          petitioner no. 3 is a woman and petitioner no.4 is a young boy

          aged about 19 years and if they are sent to judicial custody their

          entire career would get jeopardized and chances are bright that

          they may come in contact with hardened criminals. It is also

          reiterated and submitted that petitioner nos.3 and 4 are persons

          with clean antecedent. It is next submitted that as far as

          petitioner no.5 is concerned, the allegation against him is also

          general and omnibus in nature.

                       8. Learned A.P.P. opposes the anticipatory bail

          application and submits that two persons have suffered grievous

          injury including a woman from the side of the informant and

          petitioner no.5 is a person having criminal antecedent under the

          Arms Act. It is next submitted that no doubt, allegation of

          assault is not specific, but then, two persons from the side of the

          informant have suffered grievous injury, on which the learned

          counsel appearing on behalf of the petitioners submits that

          though in the FIR, it is alleged that the accused persons

          assaulted the side of the informant by lathi, danda and iron rod,

          but then, Upendra suffered grievous injury on account of assault

          by sharp edged weapon when the same is not alleged in the FIR,

          on which learned A.P.P. submits that FIR is not an encyclopedia.

                       9. After hearing the learned counsel for the parties,
               Patna High Court CR. MISC. No.9785 of 2026(2) dt.30-03-2026
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                         the petitioner nos.3 and 4, above-named, in the event of their

                         arrest or surrender before the learned Court below within a

                         period of six weeks, are directed to be released on anticipatory

                         bail on their furnishing bail-bonds in the sum of Rs. 10,000/-

                         (Rupees Ten Thousand) each 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 Dinara P.

                         S. Case No.499 of 2025, subject to the conditions laid down

                         under Section 482(2) of the B.N.S.S.

                                      10.        The application stands allowed.

                                      11.        So far as petitioner no.5 is concerned, the

                         Court is not inclined to extend the privilege of anticipatory bail

                         to the petitioner no.5.

                                      12.        The prayer of the petitioner no.5 for

                         anticipatory bail stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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