Bayas Singh @ Bayas Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30258 of 2026 Arising Out of PS. Case No.-17 Year-2026 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Bayas Singh @ Bayas Kumar Singh S/o Lakshman Singh R/o Village - Chanchaura, P.S - Chhapra Muffasil, District - Saran 2.
Braj Mohan Singh S/o Lakshman Singh R/o Village - Chanchaura, P.S - Chhapra Muffasil, District - Saran 3.
Dilip Singh @ Dilip Kumar S/o Lakshman Singh R/o Village - Chanchaura, P.S - Chhapra Muffasil, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2026 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Chapra Muffasil P.S. Case No. 17 of 2026 for the offence under sections 126(6), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the BNS lodged on 10.01.2026 by the informant, Prabhu Rai.
3. As per the prosecution story, the informant alleged that his son, Akash was returning home when the accused persons assembled with lethal weapons and assaulted him. Main allegation is against Braj Mohan Singh and Dilip Singh of assaulting him on the head by lathi causing injuries. The others
2/4 also joined, whereafter, he was sent to PMCH but ultimately was admitted in the private hospital. This led to the FIR.
4. Learned counsel for the petitioners submit that omnibus allegation is against the petitioners and they do not have any criminal antecedent as also only one injury on the head has been found.
5. Learned APP opposes the prayer submitting that so far as Braj Mohan Singh and Dilip Singh are concerned, specific allegation of assault on the head is there.
6. Considering the submissions of the parties, no case of anticipatory bail is made out so far as petitioner no. 2, Braj Mohan Singh and petitioner no. 3, Dilip Singh @ Dilip Kumar are concerned.
7. The anticipatory bail application of petitioner no. 2, Braj Mohan Singh and petitioner no. 3, Dilip Singh @ Dilip Kumar stands rejected.
8. So far as petitioner no. 1, Bayas Singh @ Bayas Kumar Singh is concerned, he has no criminal antecedent and omnibus allegation is against him to be present at the spot and have resorted to assault.
9. Considering the aforesaid fact, this Court is inclined to extend privilege of anticipatory bail to the petitioner
3/4 no. 1, Bayas Singh @ Bayas Kumar Singh.
10. Let the petitioner no. 1, Bayas Singh @ Bayas Kumar Singh be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 17 of 2026 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner no. 1, Bayas Singh @ Bayas Kumar Singh. who shall provide official document to show his/her bona fide;
(ii) the petitioner no. 1, Bayas Singh @ Bayas Kumar Singh. shall be appearing before the Police Station as and when required for cooperating in the investigation; (iii) the petitioner no. 1, Bayas Singh @ Bayas Kumar Singh. shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner no. 1, Bayas Singh @ Bayas Kumar
4/4 Singh. shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner no. 1, Bayas Singh @ Bayas Kumar Singh. shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J) Adnan/- U T