Badal Singh @ Badal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78195 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- CHANDRADIP District- Jamui ====================================================== Badal Singh @ Badal Kumar S/o Harbind Singh, R/o vill - Bahchha, P.s.- Chandradeep, Distt.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Rai, Advocate For the State :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Chandradeep P.S. Case No. 54 of 2025, dated 03.04.2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 329(3) and 3(5) of B.N.S.
3. As per allegation, the petitioner along with coaccused Akash Singh came to the house of the informant and they abused and assaulted the husband and daughter of the informant. It is also further alleged that earlier one criminal case against Maruti Kumar has been lodged in regard to commission of rape against her minor daughter in which Maruti Kumar is in jail and hence, the brother of Maruti Kumar, namely, Kundan
Patna High Court CR. MISC. No.78195 of 2025(3) dt.26-02-2026 2/3 Singh and Muso Singh had directed the aforesaid assailants to assault.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that as per the injury report, the injury is simple in nature. Hence, Section 109 of BNS is not made out and it is a case of simple hurt.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. In view of the nature of the injury, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Chandradeep P.S. Case No. 54
Patna High Court CR. MISC. No.78195 of 2025(3) dt.26-02-2026 3/3 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T