Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to petitioners 1‑3 subject to conditions, and petitioner 4’s bail petition was dismissed as withdrawn.
Summary
Four individuals filed an anticipatory bail petition in the Patna High Court. Petitioner No.4, Sachin Kumar, was arrested during the pendency of the petition and sought to withdraw his bail application, which the court allowed. The remaining petitioners (Arun Kumar, Kalawati Devi, and Rajesh Sah) feared arrest in a case arising from a long‑standing land dispute, alleging that the injuries were simple and the FIR was filed after an unexplained four‑day delay. The State opposed the bail. Considering the nature of the dispute and the injuries, the court granted anticipatory bail to petitioners 1‑3 on the condition of a Rs 10,000 bail bond, two sureties, and surrender within eight weeks, invoking Section 482 of the B.N.S., 2023, while dismissing petitioner 4’s application as withdrawn.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1‑3 in the land‑dispute case.
- Whether petitioner 4 may withdraw his bail petition after being arrested.
- Whether the nature of the alleged offences and the delay in filing the FIR justify denial of bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 482
Subjects
- anticipatory bail
- land dispute
- FIR delay
- Section 482
- B.N.S. 2023
- bail conditions
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1761 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- DARPA District- East Champaran
======================================================
1. Arun Kumar S/o Jagat Narain Prasad R/o vill - Pipra, Ps- Darpa, District-
East Champaran
2. Kalawati Devi W/o Arun Kumar R/o vill - Pipra, Ps- Darpa, District- East
Champaran
3. Rajesh Sah S/o Ram Jagesar Sah @ Ramjagashar Sah R/o vill - Pipra, Ps-
Darpa, District- East Champaran
4. Sachin Kumar S/o Jagatnarayan Prasad R/o vill - Pipra, Ps- Darpa, District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 At the outset, learned counsel for the petitioners
submits that during pendency of this bail petition, petitioner no.
4 (Sachin Kumar) has been arrested and as such, he seeks
permission to withdraw this bail petition, so far as petitioner no.
4 is concerned.
2. The anticipatory bail petition stands dismissed as
withdrawn, so far as petitioner no. 4 is concerned.
3. Rest petitioners (i.e. petitioner nos. 1, 2 & 3)
apprehend their arrest in a case registered for the offence under
Sections 191(2), 190, 126(2), 115(2), 303(2), 109, 352, 351(2)
of the B.N.S., 2023.
4. It is submitted on behalf of petitioners that due to
Patna High Court CR. MISC. No.1761 of 2026(2) dt.29-01-2026
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long standing land dispute between the parties, a simple
Maarpeet took place in which both sides sustained injury. Case
and counter case. Injuries, sustained by the injured, are simple
in nature. Rest of the allegation is superficial in order to make
the case grave. F.I.R. has been lodged after a delay of 4 days
without any plausible explanation of delay.
5. Learned A.P.P. for the State vehemently opposes the
prayer for anticipatory bail.
6. However, considering the fact that there is land
dispute between the parties and injuries are simple in nature, in
the event of arrest/surrender within a period of eight weeks from
today, let the petitioner nos. 1, 2 & 3, as named above, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Raxaul at Motihari, East
Champaran in connection with Darpa P.S. Case No. 148 of
2025, subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
7. This application is, accordingly, disposed of.
(Prabhat Kumar Singh, J)
anay
U T
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