Patna High Court
Ratnesh Kumar Singh @ Ratnesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioners subject to conditions under Section 482(2) of the BNSS Act, 2023.
Summary
The petitioners, five residents of Kewani village, were apprehending arrest in connection with a police case alleging they forcibly entered an informant’s house, assaulted family members, and stole jewellery, invoking multiple offences under the Bihar Negotiable Sale (BNSS) Act, 2023 and the Arms Act. They contended that they were falsely implicated due to an ongoing land dispute and a pending title suit, asserting that the incident was a reciprocal scuffle and that they have clean antecedents. The State opposed the bail application. Considering the background of the land dispute, the possibility of false implication, and the petitioners’ clean records, the Court ordered that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS Act and personal attendance in court. The bail order also required one bailor to be a close relative and mandated the petitioners’ presence on all court dates.
Issues considered
- What is the appropriateness of granting bail to the petitioners pending trial in view of the alleged offences and the claim of false implication?
Legislation cited
- Arms Act — s. 25(1-B)a, 27
Subjects
- bail
- false implication
- land dispute
- criminal procedure
- BNSS Act
- Arms Act
- Section 482
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16233 of 2026
Arising Out of PS. Case No.-964 Year-2025 Thana- GARKHA District- Saran
======================================================
1. Ratnesh Kumar Singh @ Ratnesh Kumar, Son of Satyendra Singh @
Satyendra Kumar Singh
2. Rakesh Singh @ Rakesh Kumar, Son of Satyendra Singh
3. Hemant Kumar Singh @ Hemant Kumar, Son of Late Brijendra Singh
4. Avinash Kumar @ Akshay Kumar @ Sharma Akshay Kumar Jitendra, Son
of Jitendra Singh
5. Abhishek Singh @ Abhishek Kumar Son of Jitendra Singh
All are residents of Village - Kewani, P.S. Garkha, District - Saran at
Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sharma, Advocate
For the Opposite Party/s : Mrs.Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners are apprehending
their arrest in connection with Garkha P.S. Case No. 964 of
2025 for the offences under Sections 126 (2), 115 (2), 117(2),
118(2), 79, 74, 303(2), 351(3), 352, 76, 3(5) of BNS, 2023 and
Sections 27, 25(1-B)a of the Arms Act.
3. As per prosecution case, the petitioners along with
some unknown persons forcibly entered into the house of the
informant and assaulted the informant and her family members
Patna High Court CR. MISC. No.16233 of 2026(2) dt.06-04-2026
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and also took away her mangalsutra and chain.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. There is dispute over right of way between the parties and
a title suit is also pending due to this land dispute. The
informant’s side has obstructed the Rasta of the petitioners’ side
by putting a gate and Title Suit No. 494/2025 is pending
between the parties. A report has been submitted to this effect by
the Circle Officer, Garkha, Saran to the Sub-Divisional Officer,
Saran, Chapra. The learned counsel further submits that for the
same occurrence, Garkha P.S. Case No. 965 of 2025 has been
instituted on the basis of written report of the mother of
petitioner nos. 4 & 5 as the petitioners’ side was assaulted by the
informant’s side. The learned counsel further submits that in the
background of land dispute, some scuffle took place and persons
from both sides received minor injures and the informant’s side
has been enlarged on police bail. The petitioners are having
clean antecedents.
5. Learned APP vehemently opposes the submission
made on behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.16233 of 2026(2) dt.06-04-2026
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background of land dispute, counter case of the petitioners’ side
and further considering the clean antecedents of the petitioners
and possibility of their false implication, let the petitioners
above named, in the event of their arrest or surrender before the
court concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-
1st Class, Saran at Chapra, in connection with Garkha P.S. Case
No. 964 of 2025, subject to the condition as laid down under
Section 482(2) of the BNSS, 2023 and other following
conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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