Patna High Court

Anish SinghversusThe State of Bihar

Decided: 30 March 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Anish Singh, applied for anticipatory bail fearing arrest in a case registered under Sections 127(1), 115(2), 303(2), 109, 352, 351(2) and 3(5) of the Bihar National Security Act, 2023. He claims he was falsely implicated due to a Panchayat election dispute and argues that the alleged assault was either unsubstantiated or limited to the informant’s father. The State opposed the bail, highlighting the petitioner’s prior case and the seriousness of the alleged theft and assault, including grievous injury to the father. The court examined the allegations, the petitioner’s antecedent, and the need for his presence during investigation. Concluding that the seriousness of the offences and the petitioner’s prior record warranted his custody, the court denied anticipatory bail.

Issues considered

What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail in a case involving alleged theft and assault under the Bihar National Security Act, 2023?

Subjects

anticipatory bail
false implication
theft
assault
criminal procedure
Bihar National Security Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9798 of 2026
                          Arising Out of PS. Case No.-74 Year-2025 Thana- Sinha District- Bhojpur
                 ======================================================
                 Anish Singh S/O Late Radha Kishun Singh @ Late Radha Resident of
                 Village- Chhineaon, P.S. Sinha, District- Bhojpur

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

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

2   30-03-2026                  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 127(1),

                   115(2), 303(2), 109, 352, 351(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that Mohit, petitioner, Bhola along with two unknown accused

                   entered his house on 01.09.2025 at 11:00 PM and assaulted his

                   parents and looted Rs. 2 Lakhs along with jewellery of his

                   mother and assaulted his father causing injury on head and even

                   assaulted his son who came to save his grandfather, further three

                   accused persons were identified.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9798 of 2026(2) dt.30-03-2026
                                            2/3




          petitioner has been falsely implicated in the instant case by the

          informant, on account of dispute relating to Panchayat election.

          It is next submitted that no doubt the informant alleges that the

          accused persons including the petitioner entered his house in the

          night and committed theft of jewellery and even assaulted his

          parents and son, but then injury has been found only on

          Chandreshwar i.e. father of the informant, as far as mother and

          son of the informant are concerned, they suffered no injury. It is

          also submitted that even occurrence of assault is not specific.

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

          anticipatory bail application of the petitioner and submits that

          petitioner has antecedent of one case and allegation is of

          entering the house for the purposes of committing theft and also

          of assault. It is also submitted that at times there is an

          embellishment while instituting an FIR, but then what is not

          disputed rather stands admitted is that father of the informant

          suffered three injuries and one on head i.e. vital part of the body

          and one of the injuries has been opined to be grievous in nature.

          It is also submitted that since there is allegation of committing

          theft of cash and jewellery, the same requires to be investigated

          for which presence of the petitioner is required.

                       6. Considering the submissions made by the learned
            Patna High Court CR. MISC. No.9798 of 2026(2) dt.30-03-2026
                                                        3/3




                      APP for the State, the Court is not inclined to extend the

                      privilege of anticipatory bail to the petitioner.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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