Patna High Court
Pappu SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to petitioner 4 and disposed of the petition as infructuous for petitioners 1, 2, 3 and 5.
Summary
Petitioners 1,2,3 and 5 were arrested in connection with a case under multiple sections of the Bhartiya Nagarik Suraksha Sanhita, rendering their anticipatory bail applications infructuous, and the court disposed of their petitions. Petitioner 4, Ankesh Kumar, sought anticipatory bail, arguing that the FIR contains only general, omnibus allegations against him and he has a clean antecedent. The State opposed the bail. The court examined the nature of the allegations and the petitioner’s criminal record, finding no specific charge and a clean antecedent, and therefore granted anticipatory bail subject to conditions under Section 482(2) of the Act. The bail order required a bond of Rs.10,000 with two sureties and cooperation with the investigation, with a provision for cancellation if a concealed antecedent is discovered. The court also directed that the petition for the arrested petitioners be disposed of as infructuous.
Issues considered
- Whether anticipatory bail should be granted to petitioner 4 despite only general allegations in the FIR and his clean antecedent.
- Whether the petition becomes infructuous for petitioners who have already been arrested.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 118(1), 126(2), 303(2), 316(2), 318(4), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- infructuous petition
- general allegation
- clean antecedent
- Bhartiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25157 of 2026
Arising Out of PS. Case No.-548 Year-2025 Thana- KESARIA District- East Champaran
======================================================
1. Pappu Singh S/o- Rameshwar Singh Resident of Village - Sagar Churaman,
P.S. - Kesariya, District - East Champaran
2. Arvind Singh @ Arvind Kumar Singh S/o- Rajeshwar Singh Resident of
Village - Sagar Churaman, P.S. - Kesariya, District - East Champaran
3. Uma Singh S/o- Rajeshwar Singh Resident of Village - Sagar Churaman,
P.S. - Kesariya, District - East Champaran
4. Ankesh Kumar @ Prashant Kumar S/o- Arvind Singh Resident of Village -
Sagar Churaman, P.S. - Kesariya, District - East Champaran
5. Nehal Kumar Singh @Utsaw Kumar@ Utsaw Singh @ Nehal Kumar S/o-
Uma Singh Resident of Village - Sagar Churaman, P.S. - Kesariya, District -
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar, Adv.
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 29-04-2026 Learned counsel for the petitioners submits that
petitioner no.1,2,3 & 5 have been arrested and therefore, this
application has now become infructuous against petitioner
no.1,2,3 & 5.
2. In view of the fact that petitioner no.1,2,3 & 5 have
been arrested, therefore, this petition is disposed of qua these
petitioners as having become infructuous.
3. Heard learned counsel for the petitioner and learned
APP for the State.
4. The petitioner apprehends his arrest in connection
Patna High Court CR. MISC. No.25157 of 2026(2) dt.29-04-2026
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with Kesariya P.S. Case No. 548 of 2025 dated 17.12.2025
registered for the offence under Sections 316 (2), 318 (4), 126
(2), 115 (2), 118 (1), 76, 303 (2), 352, 351 (2), 3 (5) of B.N.S.S.
2023
5. According to the prosecution’s case, the informant
paid Rs. 10 Lac to Petitioner No. 1, Pappu Singh, for the
purchase of land under Khata Nos. 46 and 18, Plot Nos. 1484,
1468, and 1456, totaling an area of 6 Kattha 12 dhur. However,
for the last five months, the petitioner has failed to execute the
sale deed. It is further alleged that on 16.12.2025, the petitioner
called the informant to a location 500 meters from his house,
where all the accused persons, armed with weapons, abused and
assaulted him. The informant further alleged that Petitioner No.
2, Arvind Singh, assaulted him with a farsa (poleaxe), resulting
in head injuries. When the informant's wife intervened, the
accused persons allegedly disrobed her. The accused also
assaulted co-villagers Dharmendra Yadav and Navin Yadav, who
attempted to rescue the informant and subsequently brought him
to PHC Kesaria.
6. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Learned counsel for the
Patna High Court CR. MISC. No.25157 of 2026(2) dt.29-04-2026
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petitioner further submits that there is general and omnibus
allegation against Ankesh Kumar, in fact there is no specific
allegation against him.
7. The learned APP opposes the anticipatory bail
application.
8. Considering the case of petitioner no.4, Ankesh
Kumar @ Prashant Kumar, from the perusal of the FIR there
appears to be general and omnibus allegation against Ankesh
Kumar, in fact there is no specific allegation against him and
also taking into account the fact that the petitioner no.4 has
clean antecedent, I am inclined to grant privilege of anticipatory
bail to the petitioner no.4, Ankesh Kumar.
9. Accordingly, the petitioner no.4, Ankesh Kumar
above named, in the event of his arrest or surrender before the
learned Court below within a period of six weeks, is directed to
be released on anticipatory bail on his furnishing bail-bonds in
the sum of Rs.10,000/-(Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned
Judicial Magistrate, Ist Class, East Champaran at Motihari in
connection with Kesariya P.S. Case No. 548 of 2025 subject to
the conditions laid down under Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with following conditions:
Patna High Court CR. MISC. No.25157 of 2026(2) dt.29-04-2026
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(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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