Patna High Court
Jai Shankar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to a bond and conditions under Section 482(2) of the B.N.S.
Summary
The petitioners, three residents of Bhurkudva village, sought anticipatory bail after being implicated in a FIR alleging offences under multiple sections of the B.N.S., including assault and rioting, stemming from a land dispute. They argued they have clean antecedents, that the informant’s allegations are false and that the injuries claimed are either simple or not clearly described in the FIR. The petitioners contended that granting bail would enable them to cooperate with the investigation and avoid jeopardising the young petitioner’s future. The State opposed the bail, asserting the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S., reserving the right to cancel the bail if the petitioners fail to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of offences under Sections 191, 190, 126, 115, 118, 109, 303, 352, and 351 of the B.N.S. in a land‑dispute case
- Whether the conditions prescribed under Section 482(2) of the B.N.S. are sufficient to justify granting bail
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 351(3), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- land dispute
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19172 of 2026
Arising Out of PS. Case No.-281 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
1. Jai Shankar Singh S/O Late Bateshwar Singh R/O village- Bhurkudva, P.S.-
Rajepur, District-East Champaran.
2. Krishna Kumar Singh Son of Late Bateshwar Singh R/O village-
Bhurkudva, P.S.- Rajepur, District-East Champaran.
3. Satyam Kumar @ Bholu Son of Prem Kumar Singh R/O village-
Bhurkudva, P.S.- Rajepur, District-East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
Mr. Harsha Shashwat, Adv.
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. for the State Mr. Rabindra Kumar.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and
351(3) of the B.N.S.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.3 is
a young boy aged about 21 years and the informant alleges that on
06.10.2025 in the morning, he was cutting fodder from his land for
the cattle, when the accused persons including the petitioners came
on a tractor and claimed that the land belongs to them and started
assaulting and tried to overrun the informant by the tractor and
Patna High Court CR. MISC. No.19172 of 2026(2) dt.07-04-2026
2/3
petitioner no.3 assaulted him by bhala and accused also assaulted
his nephew.
4. Learned counsel submits that petitioners have been
falsely implicated in the instant case by the informant on account
of dispute relating to land. It is next submitted that informant was
cutting fodder from the land of the petitioners as such the same
was objected, when an altercation took place in which both side
assaulted each other. It is further submitted that no doubt the
informant has suffered four injuries but then one injury i.e. pain
and selling on nose is opined to be grievous and rest injuries are
simple. It is next submitted that though it is alleged that petitioner
no.3 assaulted the informant by bhala but then the FIR does not
disclose that on which part of the body the informant was
assaulted by bhala by petitioner no.3. It is further submitted that as
far as other petitioners are concerned, the allegation of assault
against them is general and omnibus in nature. It is also submitted
that even presuming what has been alleged is true without
admitting then this is the first offence of the petitioner no.3 and he
is a young body, aged about 21 years and if he is sent to judicial
custody, in the nature of allegation as alleged, his entire career
would get jeopardized and chances are bright that he may come in
contact with hardened criminals. It is also submitted that if
privilege of anticipatory bail is granted, the petitioners will not
Patna High Court CR. MISC. No.19172 of 2026(2) dt.07-04-2026
3/3
abscond rather will cooperate in the investigation to prove their
innocence.
5. Learned A.P.P. for the State Rabindra Kumar opposes
the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned trial
court where the case is pending/successor court in connection with
Rajepur P.S. Case No.281/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioners despite
giving assurance to this court are not co-operating in the
investigation in that event the learned trial court shall be at liberty
to cancel the bail bonds of the petitioners.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…