CR. MISC./58991/2026 of Upendra singh Vs The State of Bihar on 19 August 2026

ORAL ORDER

19-08-2026 Heard the learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bypass P.S. Case No. 299 of 2024, for allegedly having committed offence under Sections 147, 148, 149, 341, 323, 325, 307, 379 and 406 of the IPC.

3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that the informant had given Rs. 1,00,000/- as loan to one Ashok Mahto, who was his good friend, for marriage of his daughter. Whenever he used to ask for refund of the amount from Ashok Mahto, he used to give false promise to him. On the date of occurrence i.e. 30.06.2024, co-accused Ashok Mahto along with all the accused persons, including the petitioner, surrounded the informant. It has been alleged that the petitioner was armed with a gun, which he pointed at the informant. Thereafter other co-accused persons, armed with iron rod, started assaulting the informant, due to which he sustained injuries on his head and other parts of the body and his leg got fractured.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He further submits that the allegations levelled in the first information report are totally false and fabricated. He submits that even if allegation in the first information report are presumed to be true, the only allegation against the petitioner is that he pointed gun at the informant and later on, other co- accused persons started assaulting him with iron rod on his head and body, due to which his leg got fractured. He further submits that the present first information report has been lodged only to not give Rs. 1,00,000/-, which the informant has taken at the time of his daughter’s marriage, from co-accused Ashok Mahto. He further submits that the petitioner has got a clean antecedent.

5. Per contra, the learned APP for the State vehemently opposes the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner that he pointed his gun towards the informant.

6. Having heard the rival submissions and after going through the records, it appears that the allegation in the first information report against the petitioner is that he pointed his gun towards the informant, however no allegation of any firing/assault has been levelled against the petitioner. Although, the injuries sustained by the informant have been found to be grievous in nature by the treating doctor, which has come in the impugned order dated 07.07.2026 passed by the learned Additional Sessions Judge-III, Patna City, however the same is not attributed to the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Patna City, Patna in connection with Bypass P.S. Case No. 299 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition:

(i) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court concerned shall take steps for cancellation of bail bond of the petitioner. 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.

AjayMishra/- (Ritesh Kumar, J) U T