Patna High Court
Jaykant SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Code of Criminal Procedure — s. 438(2)
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,
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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
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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.
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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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