Radheshyam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31310 of 2026 Arising Out of PS. Case No.-246 Year-2025 Thana- Gaura P.S. District- Saran ====================================================== Radheshyam Singh Son of Late Ramnath Singh @ Ramnath Saran Resident of Village- Mothaha, P.S.- Gaura, Saran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shweta Anand, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Gaura P.S. Case No. 246 of 2025 for the offence under sections 126(2), 115(2), 118(1), 303(2), 352 and 3(5) of the BNS lodged on 16.11.2025 by the informant, Mantu Kumar.
3. As per the prosecution story, the informant alleged that due to land dispute, the accused persons resorted to abuse/assault and allegation against this petitioner is of using farsa on the head causing injury. As the family members came to rescue, Tribhuwan Singh gave blow to the mother again causing injury while Chattu Singh and Mukesh Singh took away the ornaments. This led to the FIR.
4. Learned counsel for the petitioner submits that though the omnibus allegation is against all, specific allegation of assault on the head is on this petitioner but the submission is that the head injury has been found to be normal and the word
Patna High Court CR. MISC. No.31310 of 2026(2) dt.07-05-2026 2/3 grievous has been used for the injury on the index finger which cannot be attributed to him. The last submission is that the petitioner do not have any criminal antecedent.
5. Learned APP opposes the prayer submitting that one of the injury has been found to be grievous.
6. Taking into account the submissions of the parties as also the role that has been assigned in the FIR, he is an aged person and have no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner 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 Court of JMFC, Saran, Chapra in connection with Gaura P.S. Case No. 246 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.31310 of 2026(2) dt.07-05-2026 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;
(iv) the petitioner 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 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