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Patna High Court

Jaykant SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to conditions, under Section 438(2) of the CrPC.

Summary

The petitioners, Jaykant Singh, a 45% disabled person, and his wife Rekha Devi, sought anticipatory bail fearing arrest in connection with Bibhutipur Police Station Case No. 311 of 2025, which alleged offences under multiple sections of the Bihar Negotiable (B.N.S.) Act including theft, assault and rioting. The prosecution alleged that the petitioners had snatched a motorcycle during a land‑dispute altercation, causing injuries to the informant’s son and others. The petitioners contended that the FIR contained no specific allegation of an overt act against them, that the charges were false and concocted, and highlighted their clean antecedents and the petitioner's disability. The Additional Public Prosecutor opposed the bail. The Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC, subject to a Rs.10,000 bail bond, sureties, presence at trial, and verification of antecedents, noting that the order’s observations would not affect the trial. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC despite the serious charges listed in the FIR.
  • Whether the alleged disability of the petitioner and the claim of a false FIR affect the bail decision.
  • Whether the lack of a specific overt act allegation in the FIR warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • disability
  • false FIR
  • motorcycle theft
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11739 of 2026
                   Arising Out of PS. Case No.-311 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
           1.     Jaykant Singh Son of Shree Chkand Singh Resident of Village- Singhiya
                  Bujurg Dakshin, P.S.- Bibhutipur, District- Samastipur
           2.    Rekha Devi Wife of Jay Kant Singh @ Jay Kant Mahto Resident of Village-
                 Singhiya Bujurg Dakshin, P.S.- Bibhutipur, District- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar Kunwar, Adv.
                                                 Mr.Abhijeet Gautam, Adv.
                 For the Opposite Party/s :      Mr.Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Bibhutipur P.S. Case No. 311 of 2025 dated 02.08.2025

                   registered for the offences punishable under Sections 329(3),

                   329(4), 126(2), 127(2), 115(2), 118(1), 117(2), 109, 74, 76,

                   303(2), 352 and 351(2) of the B.N.S.

                                 3. As per the prosecution case, the petitioners are

                   alleged to have snatched away the motorcycle and had kept it

                   with them after the altercation which had taken place between

                   the parties and certain persons including the informant,
Patna High Court CR. MISC. No.11739 of 2026(2) dt.25-02-2026
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          informant’s son and others were injured.

                       4. The learned counsel for the petitioners submits that

          from bare reading of the F.I.R., it would be evident that there is

          no specific allegation levelled against the petitioners of overt act

          and only the allegation levelled against Jaykant Singh and his

          wife (petitioner no. 2) is that they had forcefully kept the

          motorcycle at their house. It has further been submitted that the

          petitioner no. 1 Jaykant Singh is disabled person having 45

          percent disability and therefore, the allegation against him are

          palpably false. It has further been submitted that on account of

          an altercation with regard to a land dispute, the present false and

          concocted F.I.R. has been lodged implicating the petitioners and

          others. It has lastly been submitted that the petitioners have

          clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioners above named, are directed to be released

          on anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks from today, on

          furnishing       bail-bonds        of      Rs.       10,000/-(Rupees   Ten
Patna High Court CR. MISC. No.11739 of 2026(2) dt.25-02-2026
                                            3/4




          Thousand)each with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Bibhutipur P.S. Case

          No. 311 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of BNSS as well as subject to the

          following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioners.

                       (ii) The petitioners shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                       (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the

          petitioners will be liable to be cancelled by the Court concerned.

                       (iv) The trial court shall verify the criminal antecedent

          of the petitioners and in case, at any stage, it is found that the

          petitioners have concealed their criminal antecedents, the trial

          court shall take necessary steps for cancellation of bail bonds 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.
           Patna High Court CR. MISC. No.11739 of 2026(2) dt.25-02-2026
                                                       4/4




                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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