Moti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38575 of 2026 Arising Out of PS. Case No.-63 Year-2026 Thana- PHULWARIA District- Begusarai ====================================================== Moti Singh S/O Late Ramkhelawan Singh @ Late Ramkhelaban Singh R/O Village- Shokahra-02, Ward No. 02, Barauni, PS- Phulwaria(Phulwariya), District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-06-2026 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends arrest in connection with Phulwaria (Phulwariya) P.S. Case No. 63 of 2026 registered for offences under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioner, along with others, assaulted the informant's son and also the informant with an iron rod and bricks, causing injuries to him, as a result of which the informant became unconscious.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence. It is further submitted that the informant is the petitioner's own brother and there is no specific allegation of assault against the petitioner. It is also submitted that the injury attributed to the

Patna High Court CR. MISC. No.38575 of 2026(2) dt.17-06-2026 2/2 petitioner has been found to be simple in nature.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, the relationship between the parties and the nature of injury, this application for anticipatory bail stands allowed.

7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Phulwariya @ Phulwaria P.S. Case No. 63 of 2026 subject to the conditions as laid down under Section 482(2) of the BNSS.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T