Patna High Court
Tej Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the appellants, subject to a bond of Rs.10,000 and two sureties each, under Section 482(2) of the B.N.S.S. 2023.
Summary
The appellants, a group of villagers, were charged in a land‑related dispute after allegedly assaulting an informant and her family while preventing them from collecting Mahua, using caste slurs and causing injuries. They faced multiple offences under the Bihar Negotiable (B.N.S.) statutes and the SC/ST (Prevention of Atrocities) Act. The informant and the State opposed anticipatory bail, citing the injuries and caste‑based abuse. The court noted that the dispute was essentially a civil land issue, the injuries were not serious, and the caste abuse was not in full public view. Relying on Section 482(2) of the B.N.S.S. 2023, the court granted anticipatory bail to the appellants, subject to a bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the accused persons charged under sections of the B.N.S. and the SC/ST (POA) Act.
- Whether the nature and seriousness of the alleged injuries and caste‑based abuse warrant denial of bail.
- Whether the court can invoke its inherent powers under Section 482(2) of the B.N.S.S. 2023 to grant anticipatory bail.
Legislation cited
- Bihar Negotiable (B.N.S.) — s. 109(1), 115(2), 117(2), 126(2), 303(2), 74
- B.N.S.S., 2023 — s. 482(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(vg), 3(i)(r)(s)(w)
Subjects
- anticipatory bail
- caste discrimination
- land dispute
- assault
- SC/ST (POA) Act
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3030 of 2025
Arising Out of PS. Case No.-94 Year-2025 Thana- KATORIYA District- Banka
======================================================
1. Tej Narayan Singh S/o Late Shankar Singh R/o Bhorsar, P.S.- Katoriya,
Distt.- Banka
2. Chandan Kumar Singh @ Chandan Singh S/o Tej Narayan Singh R/o
Bhosar, P.S.- Katoriya, Distt.- Banka
3. Sagar Singh S/o Tej Narayan Singh R/o Bhorsar, P.S.- Katoriya, Distt.-
Banka
4. Hakim Singh S/o Late Badri Singh R/o Bhorsar, P.S.- Katoriya, Distt.-
Banka
5. Rup Narayan Singh S/o Chitaman Singh R/o Bhorsar, P.S.- Katoriya, Distt.-
Banka
6. Rabindra Singh S/o Late Shankar Singh R/o Bhorsar, P.S.- Katoriya, Distt.-
Banka
7. Birendra Kumar Singh @ Virendra Singh S/o Late Akhileshwar Singh @
Akhilesh Singh R/o Bhorsar, P.S.- Katoriya, Distt.- Banka
8. Pitambar Singh @ Ritamber Singh S/o Santu Singh R/o Bhorsar, P.S.- Ka-
toriya, Distt.- Banka
9. Deepak Singh S/o Jayakant Singh R/o Bhorsar, P.S.- Katoriya, Distt.- Banka
10. Sakto Singh S/o Ravindra Singh R/o Bhorsar, P.S.- Katoriya, Distt.- Banka
... ... Appellant/s
Versus
1. The State of Bihar
2. Manju Devi W/o Radhe Das R/o Bhorsar, P.S.- Katoriya, Distt.- Banka
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Aditya Nath Pandey
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 23-02-2026 1. Heard the parties.
2. The appellants apprehend their arrest in connection with
Katoriya P.S. Case No. 94 of 2025 dt: 18.04.2025 registered
Patna High Court CR. APP (SJ) No.3030 of 2025(4) dt.23-02-2026
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for the offence under Section 126 (2), 115(2), 74, 109(1),
117(2), 303(2) of the B.N.S., Section 3(i)(r)(s)(w) / 3(2)(vg) of
the SC/ST (POA) Act and being aggrieved by the order dated
05.06.2025 passed by learned Additional Sessions Judge 1 st cum
Special Judge SC/ST (POA) Act, Banka in ABP No. 603 of
2025 has preferred this appeal for grant of anticipatory bail.
3. As per the F.I.R. on 08.04.2025 at about 8:30 in the morn-
ing the informant along with other family members went to
the village Karmataand to collect ‘Mahua’ where appellants
along with other named accused persons in the F.I.R. armed
with weapons in their hands started abusing with their caste
name and prevented them from picking ‘Mahua’. The informant
told accused persons that the ‘Mahua’ belongs to the informant
and her family members upon which they abused the informant
and others with their caste name. The appellant no. 3 -Sagar
Singh along with co-accused Suraj Singh brought the informant
and her ‘gotani’ on the floor by holding their hair and started
assaulting due to which the informant got fracture in leg and
‘gotani’ got fracture in finger.
4. Learned counsel for the appellants submits that both
parties are co-villagers and there was dispute relating to land
where ‘Mahua’ was standing. The allegation against the appel-
Patna High Court CR. APP (SJ) No.3030 of 2025(4) dt.23-02-2026
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lants are general and omnibus in nature and one of the
co-accused Suraj Singh was arrested and has been granted regu-
lar bail. The injury caused to the informant and others have not
been brought on record by the prosecution and injuries are
reserved as of today.
5. On the other hand, learned counsel for the informant
opposite party no. 2 and State opposed the prayer for bail and
submits that injuries have been caused but the nature of injury
has not been disclosed by the doctor.
6. Regard being had to the submission made by the parties,
taking into consideration the fact that there appears to be land
dispute between the parties, injuries are not serious in nature
and abuse by caste name is not in full public view , accordingly,
I am inclined to grant anticipatory bail to the appellants.
7. Let the appellants, above named, be released on anticipa-
tory bail in the event of arrest or surrender before the court be-
low within a period of four weeks from today on furnishing bail
bond of Rs. 10,000/- (rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of Sri
Abhishek Kumar Bhan, Addl. Sessions Judge -1-cum- Special
Judge SC / ST (POA) Act, Banka / concerned court in connec-
tion with Katoriya P.S. Case No. 94 of 2025 subject to the
Patna High Court CR. APP (SJ) No.3030 of 2025(4) dt.23-02-2026
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condition as laid down under Section 482 (2) of the B.N.S.S.
2023.
(Anil Kumar Sinha, J)
praful/-
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