Patna High Court
Ajay Singh @ Ajay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners subject to strict conditions.
Summary
The petitioners, Ajay Singh and Bindeshwari Prasad, sought anticipatory bail fearing arrest in a land‑dispute case (Raghunathpur PS Case No. 03 of 2026) where they were charged under several sections of the BNS for alleged assault and robbery. The prosecution alleged that the petitioners, along with others, attacked the informant and his brothers, causing a simple head injury to Chanchal Kumar and stealing money/ornaments. The petitioners contended they had no criminal antecedent, the primary assault on Deepak Kumar was by other accused, and the injury was minor. The State opposed the bail, maintaining that the petitioners were also implicated. Considering the lack of prior record and the simple nature of the injury, the court exercised its power under Section 438(2) of the Cr.P.C. to grant anticipatory bail, imposing a bond of Rs 10,000 with two sureties and several conditions regarding cooperation with investigation and conduct. The order directed that the bail be effective if the petitioners are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. despite the serious nature of the alleged offences.
- Whether the simple nature of the injury and the petitioners' clean criminal record justify bail.
- Whether the petitioners are sufficiently implicated in the alleged assault to deny anticipatory bail.
Legislation cited
- Bihar Non‑Specific Act (BNS) — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- land dispute
- assault
- simple injury
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21519 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- Raghunathpur District- East Champaran
======================================================
1. Ajay Singh @ Ajay Kumar Singh S/o Bachchalal Singh Resident of Village-
Sapahi, P.S- Raghunathpur, District- East Champaran Bihar
2. Bindeshwari Prasad S/o Late Narsingh Sah Resident of Village- Sapahi, P.S-
Raghunathpur, District- East Champaran Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-05-2026 Heard the parties through the virtual mode.
2. The petitioners are apprehending arrest in
connection with Raghunathpur P.S. Case No. 03 of 2026
instituted under Sections 126(2), 115(2), 118(1), 109(1), 303(2),
3(5) of the BNS lodged on 04.01.2026 by the informant, Suraj
Kumar Prasad.
3. As per the prosecution story, the informant alleged
that due to land dispute, the accused persons entered and the
allegation against these two petitioners is/are of giving sword
blow on the informant. As he ducked, it hit his brother,
Chanchal Kumar on the head causing injury. Later, Umesh
Prasad and Bhagwan Prasad gave ‘lathi’ blow to the informant.
Patna High Court CR. MISC. No.21519 of 2026(3) dt.20-05-2026
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They again assaulted. When the younger brother, Deepak
Kumar came to rescue, Sanjay Rai and Rahul Kumar assaulted
him. Further, the allegation is of taking away the
money/ornaments. This led to the hospitalization/FIR.
4. Learned counsel for the petitioners submit that
there is land dispute between the parties which led to the case
and counter case, these two petitioners do not have criminal
antecedent. The main allegation of assault on Deepak Kumar is
against Sanjay Rai and Rahul Kumar. The last submission is
that the injury on Chanchal Kumar has been found to be simple
in nature.
5. Learned APP opposes the prayer submitting that the
allegation of assault is on both the petitioners.
6. Considering the submissions of the parties as also
that they do not have criminal antecedent and the injury inflicted
upon Chanchal Kumar has been found to be simple in nature, in
that background, this Court is inclined to extend them the
privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event
of their arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
Patna High Court CR. MISC. No.21519 of 2026(3) dt.20-05-2026
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of the like amount each in connection with Raghunathpur P.S.
Case No. 03 of 2026 to the satisfaction of learned Judicial
Magistrate 1st Class, East Champaran, Motihari subject to the
conditions as laid down under Section 438(2) of the Cr.P.C. as
also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) The petitioners shall be appearing before the
police station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioners shall in no way try to induce or
Patna High Court CR. MISC. No.21519 of 2026(3) dt.20-05-2026
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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