Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is denied.
Summary
The petitioners, four residents of Chakpitamberpur, applied for anticipatory bail fearing arrest in a case arising from a land dispute that allegedly led to an armed assault and shooting, resulting in grievous injuries to the informant. The prosecution alleged offences under sections 126(2), 115(2), 117(2), 109, 329(3) and 3(5) of the Bihar Negotiable Sale Act and section 27 of the Arms Act. The petitioners argued that the informant was a criminal, they had no prior record, and the allegations were vague. The State produced the injury report showing bony fractures, indicating the seriousness of the offence. The Court held that, given the seriousness of the charges and the injury report, no anticipatory bail could be granted, but directed that the petitioners may surrender within four weeks for a prompt trial.
Issues considered
- Whether anticipatory bail should be granted to the accused in view of the seriousness of the offences and the grievous injury reported?
- Whether the presence of a land dispute and lack of prior criminal record of the petitioners justify denial of anticipatory bail?
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Sale Act — s. 109, 115(2), 117(2), 126(2), 329(3), 3(5)
Subjects
- anticipatory bail
- land dispute
- grievous injury
- Arms Act
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14471 of 2026
Arising Out of PS. Case No.-910 Year-2024 Thana- FATUA District- Patna
======================================================
1. Vishal Kumar S/o Vimal Singh R/o Village - Chakpitamberpur (Bhikhnad),
P.S - Fatuha, District - Patna
2. Niranjan Kumar S/o Indrajeet Singh R/o Village - Chakpitamberpur
(Bhikhnad), P.S - Fatuha, District - Patna
3. Suranjan Kumar S/o Indrajeet Singh R/o Village - Chakpitamberpur
(Bhikhnad), P.S - Fatuha, District - Patna
4. Ashok singh @ Chuha Singh @ Ashok Prasad S/o Late Rambriksh Prasad
@ Boka Singh R/o Village - Chakpitamberpur (Bhikhnad), P.S - Fatuha,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Moni Kumari, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 24-06-2026 Heard the parties.
2. The petitioners are apprehending his arrest in
connection with Fatuha P.S. Case No. 910 of 2024 for the
offence under sections 126(2), 115(2), 117(2), 109, 329(3) and
3(5) of the BNS and Section 27 of Arms Act lodged on
18.12.2024 by the informant, Dinanath Kumar.
3. As per the prosecution story, the informant alleged
that due to the land dispute, the accused persons armed
variously, assaulted and also opened fire. The said assault led to
fracture in both the hands, the shoulder as also the butt. When
Patna High Court CR. MISC. No.14471 of 2026(5) dt.24-06-2026
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they were convinced that the informant is dead, left the place.
This led to the FIR.
4. Learned counsel for the petitioners submit that
admittedly, there is a land dispute, the informant is a criminal
while the petitioners do not have any criminal antecedent,
number of accused persons have been roped in and the
allegations are omnibus in nature.
5. Learned counsel representing the State, on the other
hand, has taken this Court to the injury report that is part of the
case diary to show that it has been found to be grievous in
nature inasmuch as bony fracture was indeed found.
6. Considering the submissions of the parties as also
the injury report, no relief can be extended to the petitioners.
7. The anticipatory bail application stands rejected.
8. If, however, the petitioners surrender within four
weeks, the concerned Court shall take up the matter and dispose
it of preferably on the same day.
(Rajiv Roy, J)
Adnan/-
U T
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