Patna High Court
Pawan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail to both petitioners subject to a bail bond of Rs. 10,000 and two sureties of the same amount.
Summary
The petitioners, Pawan Kumar Singh and his son Rishabh Singh, applied for anticipatory bail fearing arrest in a theft case (PS Case No. 276 of 2025) registered under sections 331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners, along with others, entered a house and stole ornaments worth Rs. 10 lakh. The petitioners contended that the case was false and stemmed from a civil land dispute with the informant, who is related to them through a joint family (gotia) arrangement. The State opposed the bail, but the court considered the lack of prior criminal record, the possibility of false implication, and the petitioners' willingness to cooperate. The court ordered that, if arrested or surrendered within four weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount. The order was made by Justice Partha Sarthy of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under sections 331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023.
- Whether the allegations of theft constitute a false case arising from a civil land dispute.
- Whether the petitioners satisfy the conditions for anticipatory bail, including bond and sureties.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- anticipatory bail
- theft
- false implication
- civil dispute
- Bhartiya Nyaya Sanhita
- section 331(4)
- section 305
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24919 of 2026
Arising Out of PS. Case No.-276 Year-2025 Thana- SHAMBHUGANJ District- Banka
======================================================
1. Pawan Kumar Singh Son of Ram Singh Resident of Village - Garhi
Mohanpur, Sahura, P.S. - Shambhuganj, District - Banka.
2. Rishabh Singh @ Rishabh Kumar Singh Son of Pawan Kumar Singh
Resident of Village - Garhi Mohanpur, Sahura, P.S. - Shambhuganj, District
- Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
Mr. Subodh Kumar Jha, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Shambhuganj P.S. Case no. 276 of 2025 registered under
sections 331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the two petitioners herein along with others entered the
house and committed theft of ornaments worth Rs. 10 lacs.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.24919 of 2026(2) dt.22-04-2026
2/3
petitioners have been falsely implicated in the case because of
ongoing civil dispute between them. The relationship between
the parties is that of gotia. It is further submitted that the father
of the petitioners and the grandfather of the informant jointly
purchased a piece of land measuring 10 kathas through a
registered sale deed dated 4.9.1997. The said land was
partitioned between the parties, however the informant wants to
forcibly take the share of the petitioners. This has lead them in
filing of false cases against the petitioners and others. The
petitioner no.1 has no criminal antecedent and undertake to
cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioners in
the F.I.R., the relationship between the parties and the
submissions made by learned counsel for the petitioners as
noted herein above, it is directed that both the petitioners above
named, in the event of their arrest or surrender before the
learned Court below within a period of four weeks, be released
on anticipatory bail in connection with Shambhuganj P.S. Case
no. 276 of 2025 on each of them furnishing bail bond of
Patna High Court CR. MISC. No.24919 of 2026(2) dt.22-04-2026
3/3
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Banka.
(Partha Sarthy, J)
Shiv/-
U T
Checking your session…