Shailendra Singh @ Shailendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28186 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- BHAGWANPUR HAT District- Siwan ====================================================== 1.
Shailendra Singh @ Shailendra Kumar Singh, S/o Shiv Nath Singh, 2.
Bhim Singh @ Ranjiv Kumar Singh, S/o Mahesh Singh Both are residents of Village - Kauriya Sarniha Tola, P.S. - Bhagawanpur Hat, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-05-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Bhagwanpur Hat P.S. Case No. 23 of 2026 registered under Sections 132, 109, 126(2), 115(2), 352, 351(2), 3(5) of BNS, 2023.
3. As per prosecution case, the petitioners and other co-accused persons had been assaulting driver, conductor and cleaner of a bus. When the informant, who is a police official, intervened, the petitioners and other co-accused persons abused him and pulled him down by putting a gamchha in his neck and assaulted him by fists and slaps. They also assaulted other police
2/4 officials, who tried to save the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. From the FIR, it is clear that some altercation took place and taking advantage of this fact, a completely false and concocted case has been lodged against the petitioners, who were not present at the place of occurrence. The learned counsel further submits that for the same occurrence, Bhagwanpur Hat P.S. Case No.22 of 2026 has been registered by the conductor of the bus in which the petitioners have been made accused along with other co-accused persons. Otherwise, the petitioners have clean antecedents and rejection order wrongly mentions the fact that there are two criminal antecedents of the petitioners.
The learned counsel further submits that there is general and omnibus allegation against the petitioners and the injury reports of the victims show simple and superficial injuries. The petitioner no.1 is a government teacher. The learned counsel further submits that from the FIR itself, it appears there was no intention to cause death and other offences are bailable in nature.
5. Learned APP vehemently opposes the submission made on behalf of the petitioners.
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6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple and superficial nature of injuries of the victims and nonspecific nature of allegation against the petitioners, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Bhagwanpur Hat P.S. Case No. 23 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, 2023 and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.
7. However, before accepting the bail bonds of the petitioners, the learned court below is directed to verify the criminal antecedents of the petitioners. If it is found that the petitioners have criminal antecedents of other than Bhagwanpur
4/4 Hat P.S. Case No.22 of 2026 as mentioned in their submissions, then their bail bonds would not be accepted.
(Arun Kumar Jha, J) V.K.Pandey/- U T