Patna High Court
Shashi Bhushan Singh @ Sashi Bhushan Singh @ Kedar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail may be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the petitioners' clean antecedent and cooperation, despite the serious allegations.
Summary
The petitioners applied for anticipatory bail in connection with a criminal case (Maharajganj P.S. Case No.183 of 2021) involving alleged offences under several sections of the Indian Penal Code, including assault, robbery and criminal intimidation. The prosecution alleged that the petitioners, during a family dispute, assaulted the informant and his relatives, causing injuries and theft of valuables. The petitioners contended that they were falsely implicated, that the dispute was a land conflict between close agnates, and that any injuries were minor, emphasizing their clean antecedent and willingness to cooperate with the investigation. The State opposed the bail, arguing the seriousness of the allegations. Considering the nature of the allegations, the petitioners' clean record, and their cooperation, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the allegations under IPC sections 341, 323, 324, 307, 379, 504, 506 and 34.
- Whether the petitioners' clean antecedent and willingness to cooperate justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- criminal procedure
- Indian Penal Code
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- clean antecedent
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24044 of 2026
Arising Out of PS. Case No.-183 Year-2021 Thana- MAHARAJGANJ District- Siwan
======================================================
1. Shashi Bhushan Singh @ Sashi Bhushan Singh @ Kedar Singh Son Of Late
Binda Singh R/O Vill.- Sihauta, P.S. - Maharajganj, District- Siwan
2. Abhinay Kumar @ Abhinay Singh @ Paltu Singh Son of Sri Shashi
Bhushan Singh @ Sashi Bhushan Singh @ Kedar Singh R/O Vill.- Sihauta,
P.S. - Maharajganj, District- Siwan
3. Anuraj Singh @ Anuraj Kumar Son of Sri Shashi Bhushan Singh @ Sashi
Bhushan Singh @ Kedar Singh R/O Vill.- Sihauta, P.S. - Maharajganj,
District- Siwan
4. Nitu Devi W/O Sri Abhinay Kumar @ Abhinay Singh @ Paltu Singh R/O
Vill.- Sihauta, P.S. - Maharajganj, District- Siwan
5. Mina Devi W/O- Sri Shashi Bhushan Singh @ Sashi Bhushan Singh @
Kedar Singh R/O Vill.- Sihauta, P.S. - Maharajganj, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyendra Rai, Advocate.
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Maharajganj P.S. Case No.183 of 2021 instituted under
Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian
Penal Code.
3. As per prosecution case, the informant has alleged
that due to mutual dispute with his agnates all the petitioners
armed with various weapons started to abuse and assaulted the
Patna High Court CR. MISC. No.24044 of 2026(2) dt.17-04-2026
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informant due to which he became injured. It is further alleged
that when the family members of informant came to rescue him,
they were also assaulted by the petitioners who got injured. It is
also alleged that petitioner no.2 snatched gold chain of
informant’s wife worth Rs.1,25,000/- and petitioner no.3 looted
Rs.25,000/- and goods from the house of informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. He further submits petitioners and informant both are close
agnates and there is land dispute between the parties due to
which some scuffle took place in which both the parties
received injury. Learned counsel for the petitioner submits that
there is case and counter case between the parties. He further
submits that injury to the injured is simple in nature caused by
hard and blunt substance. Learned counsel submits that
petitioners have got clean antecedent and they undertake to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioners as well as
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their clean antecedent, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount to each to the satisfaction of the learned A.C.J.M.-II,
Siwan/ concerned Court in connection with Maharajganj P.S.
Case No.183 of 2021, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
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