Upendra Singh @ Butan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58651 of 2025 Arising Out of PS. Case No.-121 Year-2025 Thana- PALIGANJ District- Patna ====================================================== Upendra Singh @ Butan Singh S/O Late Bankey Singh R/O VillageBalipankar Achua, @ Balipakar,P.S- Paliganj, Distt. Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Sr. Adv.
For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-08-2025 Heard Mr. Ansul learned senior counsel for the petitioner and Mr. Mithlesh Kumar Khare, learned APP for the State.
2. The petitioner has prayed for bail in connection with Paliganj P.S. Case No. 121 of 2025 registered for the offence punishable under Sections 126, 115(2), 109, 303(2), 352, 351(3), 3(5) of the B.N.S., 2023 and later on Sections 108(1) of the BNS and Section 302 of the Indian Penal Code was added.
3. The case of the prosecution is that the petitioner and his son assaulted the husband of the informant with lathi and butt of the pistol. It is alleged that the husband of the informant was badly assaulted.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.58651 of 2025(2) dt.27-08-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that initially a case was registered under Section 109 of the BNS and after the death of the husband of the informant, it was converted under Section 103 of the BNS. It has also been submitted that from perusal of the FIR, it is clear that the nature of allegation is general and omnibus. It is also clear that the assailants were also having pistol but only the butt part was used. It goes to show that the assailants were not having the intention to commit murder.
He further submits that from perusal of the post-mortem report, it will also transpire that there were two injuries on the person of the deceased; out of one is abrasion on right leg and second is one stitched wound, whereas the FIR is that the deceased was beaten badly. He also submits that the allegations and the post-mortem report does not co-relate. Moreover, if the assailants were having the intention to commit murder, they should have used the pistol which they were having. Petitioner is languishing in judicial custody since 24.03.2025.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of one case. Learned counsel for the informant is
Patna High Court CR. MISC. No.58651 of 2025(2) dt.27-08-2025 3/3 present and has submitted that the ante-mortem injuries goes to co-relate the allegations.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No. 121 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T