Patna High Court
Sanjay Kumar Singh @ Sanjay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were general and omnibus, and therefore granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, four brothers, were named in an FIR for allegedly destroying wheat crops belonging to an informant and issuing threats, under several offences of the Bhartiya Nyay Sanhita, 2023. They contended that the case stemmed from a land dispute and that the allegations were vague and omnibus, noting a prior criminal case against them. The State opposed their application for anticipatory bail. The court examined the nature of the allegations and found them to be general, not specifying concrete acts of firing or assault. Consequently, the court ordered that the petitioners be released on anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties, and to appear before the Judicial Magistrate within four weeks, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners given the allegations of crop destruction and threats.
- Whether the allegations in the FIR are sufficiently specific or are general and omnibus.
- Whether Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita are applicable for granting anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 308(3), 324(5), 3(5), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- land dispute
- crop destruction
- general allegations
- Section 438
- Section 482
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26779 of 2026
Arising Out of PS. Case No.-469 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
1. Sanjay Kumar Singh @ Sanjay Singh S/o Late Laldev Singh R/o Village -
Ramgarh, PS - Baikunthpur, District - Gopalganj
2. Awadesh Kumar Singh @ Awadhesh Singh S/o Late Laldev Singh R/o
Village - Ramgarh, PS - Baikunthpur, District - Gopalganj
3. Ranjeet Singh S/o Late Laldev Singh R/o Village - Ramgarh, PS -
Baikunthpur, District - Gopalganj
4. Suresh Singh S/o Bhikhari Singh R/o Village - Ramgarh, PS - Baikunthpur,
District - Gopalganj
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Dhramveer, Advocate
For the Opposite Party/s : Mr.Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Baikunthpur P.S.
Case No. 469 of 2025 registered for the offences punishable
under Sections 126(2)/115(2)/324(5)/308(3)/352/3(5) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, accused-petitioners alleged to destroy the
wheat crops which claimed to be owned by the informant after
running the tractor.
4. Learned counsel appearing on behalf of the petitioners
Patna High Court CR. MISC. No.26779 of 2026(2) dt.27-04-2026
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submitted that present criminal case was lodged basically due to
land dispute between the parties. It is submitted that prior to this
occurrence, a criminal case was also lodged by petitioners’ side,
which is registered as Baikunthpur P.S. Case No. 327/2025. It is
further submitted that allegation qua destruction of wheat crops
and also to threat is appearing very much general and omnibus
in nature. It is pointed out that no allegation of firing and assault
is available. Explaining criminal antecedent of the petitioners, it
is submitted that petitioners found involved in one more
criminal case in which they are on bail.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie allegation of destruction of
wheat crops and also of threat appears very much general and
omnibus against the petitioners, accordingly, all the four above-
named petitioners, in the event of their arrest/surrender within a
period of four weeks from this order, are directed to be enlarged
on bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate - 1st Class,
Gopalganj/concerned court in connection with Baikunthpur P.S.
Patna High Court CR. MISC. No.26779 of 2026(2) dt.27-04-2026
3/3
Case No. 469 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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