Created by Fuzzy Cloud

Patna High Court

Pawan Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.