Sipahi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86580 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- DHANSOI District- Buxar ====================================================== 1.
Sipahi Singh S/o Late Devaki Singh R/o Village - Udhopur, P.S - Dhansoin, District - Buxar 2.
Manoj Singh @ Manoj Yadav S/o Ganesh Yadav R/o Village - Udhopur, P.S - Dhansoin, District - Buxar ... ... petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the petitioners/s :
Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2026 Heard Mr. Ravi Shankar Pathak, learned counsel for the petitioners and Mr. Anil Prasad Singh, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Dhansoin P.S. Case No. 137 of 2025, F.I.R. dated 15.09.2025 for the offences punishable under Sections 126(2), 115(2), 117(2), 303(2), 352, 109 and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused persons including these petitioners armed with deadly weapons have brutally assaulted the informant and her family members due to which they sustained several injuries.
2/4
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. Due to some petty dispute the present occurrence has been taken place. There is case and counter case between the parties. The petitioners are named in the F.I.R and there is specific allegation against these petitioners that they have assaulted to the informant and her family members but the injury report of the injured persons suggest that the injuries are simple in nature, except one injury received by Ram Chandra Singh where the doctor has opined that the said injury is grievous in nature but from perusal of the injury report it appears that :- " Ram Chander Singh has sustained:-
1. Stitched wound on right parietal region size 04 cm, three stitch
2. Swelling over left wrist of size 02 cm x 01 cm
3. Swelling over right wrist of size 01 cm x 01 cm
4. Lacerated wound of size 0.5 cm x 0.25 cm over left forehead. The said injuries has been alleged to be caused by Sipahi Singh and Pappu Yadav.
X-ray of right wrist joint and left wrist joint shows comminuted fracture distal radius. Hence, the injury no. 2 and 3 have been opined to be grievous in nature and injury no. 1 is kept reserved and injury no. 4 has been opined to be simple in nature caused by hard and blunt object. His supplementary injury report shows that the injury no. 1 has been opined to be simple in nature."
5. Learned counsel for the petitioners submits that the above-mentioned injury report suggest that although the injury is said to be grievous in nature but the same is on his hand and
3/4 not on the vital part of the body. He further submits that the similarly situated co-accused, namely, Belash Singh, Munna Singh, Raju Singh and Ganesh Singh have been granted anticipatory bail by the learned court below itself.
6. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners and submits that the petitioner no. 2 has assaulted Ram Chandra Singh due to which he has sustained grievous injury.
7. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M 1st Class, Court No. 12 at Buxar in connection with Dhansoin P.S. Case No. 137 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient
4/4 reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T