Patna High Court
Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to anticipatory bail as a prima facie case exists and the allegations are not sufficient to deny bail.
Summary
The petitioner, Deepak Kumar Singh, sought anticipatory bail after an FIR alleged that he, along with others, cut a mustard crop in violation of a Section 144 order and assaulted the informant, causing simple injury, thereby invoking IPC sections 341, 323, 307 and 34. The petitioner contended that the incident stemmed from a land dispute between co‑villagers and that the allegations were vague and the injury minor. The State opposed the bail, arguing the seriousness of the offences. The High Court, after examining the FIR, the nature of the dispute, and the simplicity of the injury, held that the petitioner had made out a prima facie case for anticipatory bail. Consequently, the Court directed the District Court to grant anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of any pending criminal antecedents and compliance with Section 482 of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under IPC sections 341, 323, 307 and 34.
- Whether the nature of the dispute (land dispute between co‑villagers) and the simplicity of the injury affect the grant of anticipatory bail.
- Whether the allegations in the FIR are sufficient to deny anticipatory bail.
Legislation cited
- Cr.P.C. — s. 144, 482
- Indian Penal Code — s. 307, 323, 34, 341
Subjects
- anticipatory bail
- land dispute
- simple injury
- co‑villagers
- IPC sections 341, 323, 307, 34
- Section 144 CrPC
- Section 482 CrPC
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21291 of 2026
Arising Out of PS. Case No.-43 Year-2024 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Deepak Kumar Singh Son of Ravindra singh Resident of Village - Majharia,
Police Station - Buxar, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard Mr. Rajiv Ranjan Kumar Pandey, learned
counsel appearing on behalf of the petitioner and Mr. Choubey
Jawahar, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection
with Buxar(Industrial Area) P.S. Case No-43/2024 for the
offences registered under Sections 341, 323, 307/34 of I.P.C.
3. As per the allegation made in the FIR, , the
informant alleged that while visiting his agricultural land, he
found the accused persons including the petitioner were cutting
his mustard crop despite a proceeding under Section 144
Cr.P.C., and upon protest, they assaulted him, causing injury to
him.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
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falsely been implicated in the present case. Both the petitioner
and the informant are co-villagers and known to each other, and
the alleged occurrence arose out of a scuffle in which the
informant allegedly fell down and sustained simple injury. On
these grounds, the petitioner seeks to be released on pre-arrest
bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having considered the allegations made
in the FIR and the materials available on record, including the
fact that the parties are co-villagers and the dispute appears to
have arisen out of a land dispute leading to a scuffle, and further
considering that the injury sustained by the informant is simple
in nature and the allegations against the petitioner are general
and omnibus, I am of the opinion that the petitioner has, prima
facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the
petitioner on anticipatory bail, in the event of his arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each, to the
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satisfaction of learned District Court where the case is pending
in connection with Buxar(Industrial Area) P.S. Case No-
43/2024, subject to the condition as laid down under Section
482 of the BNSS//438(2) of the Cr.P.C.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner, as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner, as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Ashishsingh/-
U T
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