Patna High Court
Bhim SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and conditions under the Bhartiya Nyaya Sanhita, 2023.
Summary
Bhim Singh, a 70‑year‑old resident of Shiopur, was apprehended for arrest in a case filed under Sections 126(2), 115(2), 74, 352, 109, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging that he fired a weapon and attempted to outrage modesty during a family land‑partition dispute. The petitioner pleaded innocence, arguing that the incident stemmed from an agnatic dispute over partition and that the informant’s injury was minor, while also highlighting his clean criminal record. The informant and the State opposed bail, emphasizing the seriousness of the alleged assault and firing. The Court, considering the familial nature of the dispute, the petitioner’s age and lack of prior convictions, granted anticipatory bail on a bond of Rs.30,000, subject to conditions under Section 482(2) of the BNS and directed the trial court to verify the petitioner’s antecedent, with provision for cancellation if any concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of assault, firing, and outraging modesty.
- Whether the familial land‑partition dispute negates the seriousness of the offences alleged under the BNS, 2023.
- Whether the petitioner’s clean criminal antecedent and age justify bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 2(1)(d), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- family dispute
- land partition
- assault
- Bhartiya Nyaya Sanhita
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10897 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- DHANGAI District- Bhojpur
======================================================
Bhim Singh S/O Late Kesho Singh R/O Village- Shiopur, P.S- Dhangai,
Distt.- Bhojpur (Ara).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Malti Kumari, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
For the Informant : Md. Ataul Haque, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner is apprehending arrest in connection
with Dhangai P.S. Case No. 68 of 2025, dated 22.11.2025,
lodged under Sections 126(2), 115(2), 74, 352, 109, 351(2) and
3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to
as “BNS, 2023”).
3. As per the prosecution, FIR has been lodged
against two named accused persons including the present
petitioner. The specific allegation against the petitioner is that he
fired with a desi katta upon the informant’s side and also tried to
outrage the modesty along with the other accused persons, and
subsequently fled away from the place of occurrence.
Patna High Court CR. MISC. No.10897 of 2026(2) dt.12-03-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that from the contents of the FIR, it becomes
crystal clear that the dispute has arisen between the agnates
regarding partition which could not take place among the five
brothers, and due to this reason disputes have become a routine
affair in the family. Counsel further submits that there is a case
and counter case between the parties for the same date and place
of occurrence. Counsel further submits that from the counter
case filed by the petitioner’s side, it transpires that the
informant’s side had inflicted injury upon the present petitioner
by farsa. Counsel further submits that the injury report of the
informant is also available, which is annexed as Annexure-P/2.
It transpires from the injury report that the injury is simple in
nature. Counsel also submits that the criminal antecedent of the
petitioner is clean and he is aged about 70 years.
6. Learned counsel for the Informant, on the other
hand, vehemently opposes the prayer for bail and submits that
there is a specific allegation in the FIR against the petitioner of
assaulting, causing injury, as well as firing.
7. Learned APP for the State also opposes the prayer
for bail of the petitioner. However, he fairly submits that the
Patna High Court CR. MISC. No.10897 of 2026(2) dt.12-03-2026
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informant’s side and the petitioner’s side are agnates and the
dispute relates to land, for which scuffling is a routine matter, as
alleged in the FIR itself.
8. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Addl. Chief Judicial Magistrate, Bhojpur at Ara,
in connection with Dhangai P.S. Case No. 68 of 2025, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
9. The Trial Court is hereby directed to verify the
criminal antecedent of the petitioner, and in case it is found at
any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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