Patna High Court
Bharat Bhushan @ Bharat Bhushan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that the petitioner is entitled to bail, subject to conditions, as the allegations are non‑specific and there is a possibility of false accusation.
Summary
The petitioner, Bharat Bhushan Singh, sought relief from imminent arrest in a case arising from a police raid on illegal sand mining where police were attacked and tractors seized. The prosecution alleged his involvement in offences under multiple sections of the Indian Penal Code, including assault and robbery. The petitioner contended he was falsely implicated, had no material evidence against him, and highlighted that a similarly situated co‑accused had been granted anticipatory bail and that key evidence (a mobile phone and vehicle) pertained to the co‑accused. The State opposed the bail application. Considering the non‑specific nature of the allegations, the grant of anticipatory bail to the co‑accused, and the possibility of false accusation, the Court ordered that the petitioner be released on bail subject to conditions under Section 482(2) of the BNSS and other safeguards.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the BNSS given the allegations.
- Whether the allegations against the petitioner are sufficient to deny bail.
- Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 333, 341, 353, 379, 411, 427, 504, 506
Subjects
- bail
- anticipatory bail
- illegal mining
- IPC offences
- Section 482
- High Court
- Patna High Court
- false accusation
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13572 of 2026
Arising Out of PS. Case No.-81 Year-2024 Thana- SANGRAMPUR District- Munger
======================================================
Bharat Bhushan @ Bharat Bhushan Singh son of Chitranjan Kumar Singh
Resident of village- Garhi Mohanpur PO -Basbitta PS -Shambhuganj, Dist-
Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Sangrampur P.S. Case No. 81 of
2024 registered for the alleged offence under Sections 341, 323,
307, 504, 506, 379, 411, 353, 333 and 427 r/w 34 of the Indian
Penal Code.
03. As per prosecution case, while conducting raid
against illegal mining of sand, police intercepted two tractors.
However, the police team was attacked by 20-25 persons who
were subsequently joined by 5-6 person who came at the spot on
a Scorpio vehicle. The assailants forcibly took away the tractors
intercepted by the police party. The name of the petitioner
Patna High Court CR. MISC. No.13572 of 2026(2) dt.11-03-2026
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transpired during investigation for being involved in the said
occurrence along with other co-accused persons.
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case and except for suspicion, there is no material against the
petitioner. The petitioner is resident of the place where
occurrence took place and he has been made accused being a
poor person. Similarly placed co-accused Manohar Kumar
Singh @ Manohar Singh has been granted anticipatory bail by a
Co-ordinate Bench of this Court vide order dated 07.05.2025
passed in Criminal Misc. No. 1501 of 2025 and the case of the
petitioner is on much better footing as the mobile phone of the
co-accused was found at the spot and his vehicle was also seized
by the police during investigation. Learned counsel further
submits that the petitioner did not participate in any attack on
the police party and no offence under Sections 307 and 333 of
IPC is made out against the petitioner. The petitioner is having
clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
Patna High Court CR. MISC. No.13572 of 2026(2) dt.11-03-2026
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general and non-specific nature of allegation against the
petitioner and further considering the grant of anticipatory bail
to similarly placed co-accused and also considering the
possibility of false accusation, let the petitioner above named, in
the event of his arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Munger/court
concerned in connection with Sangrampur P.S. Case No. 81 of
2024, subject to the condition laid down under Section 482(2) of
BNSS and other following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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