Patna High Court
Pinku Kumar @ Pinku SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioners subject to a bond of Rs 10,000 each, two sureties, and verification of criminal antecedents under Section 482(2) of the B.N.S.
Summary
The petitioners, Pinku Kumar and Bikesh Kumar, were implicated in a violent altercation at the informant’s house in Dhansoi, Buxar, where they were alleged to have assaulted the informant’s family, threatened them, and stolen cash and a gold locket. The informant lodged an FIR (Case No. 4 of 2026) charging the petitioners under several sections of the Bihar Negotiable (B.N.S.) Act, while a counter‑FIR (Case No. 3 of 2026) was filed by the petitioners alleging a free fight and a land dispute. The petitioners applied for bail, claiming innocence, a clean antecedent, and that the present FIR was retaliatory. The State opposed bail, emphasizing the grievous injury to the informant’s father and the seriousness of the offences. After reviewing the records, the court observed that the allegations against the petitioners were largely omnibus and that the FIR appeared to be filed in retaliation, and therefore ordered bail on a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S., subject to verification of criminal antecedents.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged in the FIR.
- Whether the FIR constitutes a prima facie case or is retaliatory in nature.
- Whether the petitioners have any concealed criminal antecedents that would preclude bail.
Subjects
- bail
- assault
- theft
- criminal antecedent
- Section 482
- retaliatory FIR
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25797 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- DHANSOI District- Buxar
======================================================
1. Pinku Kumar @ Pinku Singh S/O Late Dinesh Singh R/O Village-
Samahuta, P.S- Dhansoi, Distt.- Buxar.
2. Bikesh Kumar @ Bikesh Singh @ Bikesh Kumar Singh S/O Kisan Singh
R/O Village- Samahuta, P.S- Dhansoi, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rang Nath Choubey, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
: Mr. Ravi Shankar Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioners, the
learned APP for the State and learned counsel appearing on
behalf of the informant.
2. The petitioners apprehend their arrest in
connection with Dhansoi P.S. Case No. 04 of 2026, for allegedly
having committed offence under Sections 126(2), 115(2), 352,
351(2), 109, 333, 303(2) and 3(5) of the BNS.
3. As per the prosecution stored, which has been
lodged on the basis of the written report submitted by the
informant on 08.01.2026 around 03:00 P.M., while the
informant was at his house, all the accused persons including
the petitioners came to his house and started using filthy
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language against the informant and threatened him to vacate the
house, in which the informant was residing. On Hulla, people
called on 112, upon which the Police came and both the parties
were directed to come to police station, but the informant did
not go to the police station. On 09.01.2026, all the accused
persons armed with lathi, danda and iron rod came and started
assaulting the informant and his family members. It has been
alleged that co-accused Bigan Singh assaulted the father of the
informant on his head, due to which, he suffered injuries on his
head. When the uncle of the informant and one Birendra Kumar
Singh came to save the father of the informant and the
informant, all the accused persons assaulted them due to which
they also suffered injuries. Allegation against the petitioner no.1
is that he snatched the gold locket and Rs. 40,000/- in cash from
the informant and the petitioner no.2 snatched Rs. 5,000/- from
the informant.
4. The learned counsel for the petitioners submits
that the petitioners are innocent and have not committed any
offence. There was a free fight in between the parties for the
same occurrence on the some day, for which Dhansoi P.S. Case
No. 03 of 2026 has been lodged against the informant and his
family members. Both the side received injuries and both the
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parties are gotiyas. He further submits that there is a land
dispute in between the parties and the petitioners have got clean
antecedent.
5. The learned counsel for the informant and
learned APP for the State vehemently opposes the prayer for bail
of the petitioners and submits that there is grievous injury on the
body of the father of the informant, namely, Narendra Singh
while the other injured Nand Kishore Singh suffered simple
injury.
6. Having heard the rival submissions and after
going through the record, it appears that there was a free fight in
between the parties for the same occurrence for which case and
counter case was lodged. The petitioner’s side lodged first
information report bearing Dhansoi P.S. Case No. 03 of 2026
and the present first information report has been lodged in
retaliation of the said case. Further the injury which has been
sustained by the father of the informant is said to be grievous in
nature, but specific allegation of assault is against Bigan Singh.
There is general and omnibus allegation of assault against the
other co-accused persons, including the petitioner. Considering
the above, let the petitioners, above named, in the event of
arrest or surrender within a period of six weeks, be released on
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bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Buxar in connection
with Dhansoi P.S. Case No. 4 of 2026, subject to the conditions
as laid down under Section 482(2) of the B.N.S.S., with further
condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioners and in case at any stage, it
is found that the petitioners have concealed their criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioners. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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