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Patna High CourtCR. MISC./73125/2025bail granted

Arbind Singh v. The State Of Bihar

2026-01-08Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73125 of 2025 Arising Out of PS. Case No.-315 Year-2025 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

Arbind Singh S/o- Nagina Singh Resident of village- Pipraura PSMadanpur Dist- Aurangabad 2.

Vinay Singh S/o- Nagina Singh Resident of village- Pipraura PS- Madanpur Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 08-01-2026 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners seek bail in connection with Aurangabad (Town) P.S. Case No. 315 of 2025 dated 23.03.2025 registered for the offences punishable under Sections 115(2), 118(1), 118(2), 109, 126(2) and 3(5) of the B.N.S.

3. As per the prosecution case, the informant has alleged that he received information that his brother namely Harshit Raj Singh was taken to the hospital and when he reached there then 5 to 6 unknown persons surrounded him and stabbed him. It has next been alleged that the the co-accused

2/4 persons including the petitioners were involved in the said attacks.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It has next been submitted that there is no specific allegation of overt act against the petitioners rather the informant himself admits that the attackers were unknown persons while it was only an apprehension that behind the such incident, the petitioners and the others were involved for said attack. It has further been submitted that admittedly there is no allegation of attack on the brother of the informant by the petitioners and moreover two accused persons namely, Vibhanshu Kumar @ Kishu Kumar who is said to have assaulted the injured and Tarun Singh @ Tarun Kumar Singh have been enlarged on bail by the Coordinate Benches of this Court vide order dated 12.11.2025 passed in Cr. Misc. No. 54007/2025 and vide order dated 19.11.2025 passed in Cr. Misc. No. 76371/2025 respectively. It has lastly been submitted that the petitioners have two criminal antecedents in which they are on bail and the petitioners are in custody since 05.08.2025.

5. Learned A.P.P. has vehemently opposed the prayer for bail of the petitioners and submitted that the petitioners and

3/4 the others were involved in the said incident as alleged in the F.I.R.

6. Considering the facts and circumstances of the case, the petitioners are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 315 of 2025 subject to the following terms and conditions :- (i) One of the bailors shall be a close relative of the petitioners ;

(ii) The petitioners shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the Court concerned. (iv) The trial court shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the trial court shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of

4/4 the above mentioned order shall not be delayed for purpose of or in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.

8. The application stands allowed.

(Sourendra Pandey, J) Gautam/- U