Patna High Court
Nirmal SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court grants anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioners sought anticipatory bail fearing arrest in a case (Sasaram Town P.S. Case No. 95 of 2026) involving alleged assault on an informant and her husband and theft of a golden chain, filed under several sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.). The prosecution alleged that the petitioners participated in the assault and robbery, while the petitioners contended they were falsely implicated due to a land dispute and family rivalry, asserting no prior criminal record. The learned counsel for the petitioners emphasized their innocence, cooperation with investigation, and the trivial nature of the injuries. The State opposed the anticipatory bail, arguing the seriousness of the offences. Considering the familial relationship, the disputed land issue, and the petitioners’ willingness to cooperate, the Court ordered that if arrested within six weeks they be released on bail upon furnishing a Rs 10,000 bond with two sureties each, subject to conditions under Section 482(2) of the B.N.S.S. 2023. The order effectively grants anticipatory bail to the petitioners.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita in view of the alleged offences.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the nature of the alleged offences and the familial land dispute justify denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 303(2), 324(2), 3(5), 351(2), 482(2)
Subjects
- anticipatory bail
- assault
- theft
- land dispute
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24234 of 2026
Arising Out of PS. Case No.-95 Year-2026 Thana- SASARAM NAGAR District- Rohtas
======================================================
1. Nirmal Singh S/o Ram Bachan Singh R/o Village - Semri, P.S. - Sheosagar,
Dist. - Rohtas.
2. Ishu Kumar S/o Nirmal Singh R/o Village - Semri, P.S. - Sheosagar, Dist. -
Rohtas.
3. Sudarshan Singh S/o Late Ram Pyare Singh R/o Village - Takia, P.S. -
Sasaram Town, Dist. - Rohtas.
4. Prakash Kumar @ Jay Prakash Kumar S/o Vijendra Singh R/o Village -
Karpurwa, P.S. - Darigawan, Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Sasaram Town P.S. Case No. 95 of 2026, instituted under
Sections 126(2), 115(2), 109(1), 303(2), 351(2), 324(2) and 3(5)
of the B.N.S.
3. As per the prosecution case, on the date of
occurrence F.I.R. named accused persons including the
petitioners came and started assaulting the informant causing
injury on her head and hand. On hearing the noise, husband of
Patna High Court CR. MISC. No.24234 of 2026(2) dt.17-04-2026
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the informant came there then all the accused persons also
assaulted him. It is alleged that Petitioner No. 4 and co-accused
Govind Kumar assaulted the husband of informant causing thigh
injury. Petitioner No. 4 also snatched golden chain from the
informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. Petitioner No. 3 is father-in-law of the informant and other
petitioners are his relatives. In course of Panchayati, scuffle took
place between the husband and Devar of the informant and due
to ulterior motive the informant implicated the petitioners.
Injury on the injured is simple in nature. There is dispute of
partition between the parties. Petitioners have no criminal
antecedent. They undertake to co-operate in the investigation
and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties, petitioners
are relatives of informant and there is land dispute between
them, in the event of arrest or surrender before the Court below
within six weeks from today, the petitioners be released on bail
Patna High Court CR. MISC. No.24234 of 2026(2) dt.17-04-2026
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upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Rohtas at Sasaram in
connection with Sasaram Town P.S. Case No. 95 of 2026,
subject to the conditions laid down in Section 482 (2) of the
Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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