Patna High Court
CHANDRADEO SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that anticipatory bail should be granted to the petitioners subject to conditions under Section 482(2) of the BNS, 2023.
Summary
Petitioners Chandradeo Singh and Phulo Devi sought anticipatory bail fearing arrest in a case alleging assault, attempted murder, and theft under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that Chandradeo assaulted an informant over a land dispute, causing injury and threatening the family, while also accusing Phulo Devi of involvement. The petitioners contended they have clean antecedents, the allegations are fabricated, and the case stems from a pattidari land dispute. The court noted that the injury was minor, there was no specific allegation against Phulo Devi, and the dispute appeared internal family matter. Considering these factors, the court granted anticipatory bail subject to conditions under Section 482(2) of the BNS, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations in the FIR constitute a serious offence justifying denial of anticipatory bail.
- Whether the petitioners' clean antecedent and the nature of the dispute warrant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- criminal procedure
- false FIR
- land dispute
- assault
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1590 of 2026
Arising Out of PS. Case No.-195 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
1. CHANDRADEO SINGH S/O LATE ALAKHDEO SINGH @ LATE
ALAKHDEO MAHTO R/o vill - Chatra, P.s.- Khajauli, Dist.- Madhubani
2. Phulo Devi @ Phul Devi W/o Chandradeo Singh R/o vill - Chatra, P.s.-
Khajauli, Dist.- Madhubani
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Khajauli P.S. Case No. 195 of 2025, registered for the
offences punishable under Sections 109, 115(2), 126, 303(2),
352, 351(2) and 3(5) of the BNS, 2023.
3. The case of the prosecution, in short, is that at
about 9 P.M. on 13.09.2025 the informant was sitting at his
door, at the same time, Chandradeo Singh, Naveen Kumar Singh
and Phulo Devi arrived there and Chandradeo Singh asked him
as to where he had deposited the land survey papers and after
his refusal Chandradeo Singh, who happened to be his younger
Patna High Court CR. MISC. No.1590 of 2026(2) dt.28-01-2026
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brother and on his protest, they assaulted him. It is next alleged
that during course of such assault, Chandradeo Singh, with an
intention to kill, made an assault over his head by means of
farsa, causing blooding injury and when his son Shankar Kumar
Singh came there, he was assaulted by Naveen Kumar Singh by
means of lathi on his head, causing injury and they all snatched
golden Hanumani locket of his son, valued about Rs. 10
thousand and threatened him to kill his entire family members.
The informant then get his treatment at Primary Health Centre.
4. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent. The entire
prosecution story is false, fabricated and concocted. Learned
counsel for the petitioners submits that there is no manner of
occurrence as alleged has ever taken place. It is further
submitted that petitioners have been falsely implicated in the
present case due to pattidari dispute and ulterior motive of the
informant to harass the petitioners.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that petitioner no. 1
(Chandradeo Singh) is said to have assaulted the informant with
farsa on his head but the injury report shows that it has resulted
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in simple injury. There is no specific allegation against
petitioner no. 2 Phulo Devi. From the reading of the FIR, it
appears that this is an internal family dispute with regard to
some land survey papers and also taking into account the fact
that petitioners are persons with clean antecedent, this Court is
inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioners, named above, in the event of
their arrest or surrender before the Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Madhubani I/C Successor Court in
connection with Khajauli P.S. Case No. 195 of 2025, subject to
the conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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