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Patna High Court

Samresh SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners sought bail fearing arrest in connection with Buxar (Town) P.S. Case No. 386 of 2024, which alleged offences under IPC sections 406, 420, 323, 354(b), 504 and 506/34 arising from a land‑dispute and alleged intimidation, including the use of a pistol. The incident reportedly occurred on 25‑03‑2024, but the complaint was filed only on 16‑04‑2024 and the FIR was later registered under Section 156(3) of the CrPC, raising a question of delay. The petitioners argued that the case stemmed from prior animosity and that they have a clean antecedent, offering to cooperate with the investigation. The State opposed bail, emphasizing the specific accusations of assault and threat to grab land. The Court, after weighing the nature of the allegations, the unexplained delay in lodging the FIR, and the petitioners' fair antecedent, ordered bail subject to a bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order also required one bailor to be a close family member of the petitioners.

Issues considered

  • Whether bail should be granted to the petitioners despite the seriousness of the offences and the delay in filing the FIR

Legislation cited

Subjects

  • bail
  • delay in FIR
  • land dispute
  • assault
  • intimidation
  • IPC sections
  • Section 482
  • Criminal Procedure
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2729 of 2026
                        Arising Out of PS. Case No.-386 Year-2024 Thana- BUXAR District- Buxar
                 ======================================================
           1.     Samresh Singh Son of Ram Pravesh Singh R/o Village - Swetnagar near
                  DAV School, P.S. - Buxar(Nagar), Dist. - Buxar.
           2.    Rohit Patel Son of Shri Ram Choudhary R/o Vill. - Mitralok Colony P.S.
                 Buxar(Muffasil), Dist. - Buxar.
           3.    Arvind Kumar Singh Son of Baleshwar Singh R/o Dhobighat Gali No. 04,
                 P.S. - Buxar(Town), Dist. - Buxar.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Soni Devi W/o Late Anil Singh R/o Koirpurva, P.S. - Buxar(Town), Dist. -
                 Buxar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Kumar
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the parties.

                                2. The petitioners are apprehending their arrest in

                   connection with Buxar (Town) P.S. Case No. 386 of 2024,

                   registered for the offences punishable under Sections 406, 420,

                   323, 354(B), 504, 506/34 of the Indian Penal Code.

                                3. Allegedly, the deceased husband of the informant

                   was involved in the sale and purchase of land with the accused.

                   However, after the death of the informant’s husband, the

                   petitioners were putting pressure upon the informant and trying

                   to grab the land. For the said purpose, on 18.06.2023 the
Patna High Court CR. MISC. No.2729 of 2026(2) dt.04-02-2026
                                            2/3




          petitioners along with others came to the house of the informant

          and threatened with dire consequences. Subsequently, on

          25.03.2024 the petitioners along with others came there and

          started misbehaving. The petitioner No. 3 also put his pistol

          over the head of the informant. On hulla being raised, the

          petitioners succeeded in fleeing away after giving threatening.

                       4.Learned Advocate for the petitioners referring to the

          FIR contended that from the prosecution case it is evident that

          the alleged occurrence took place on 25.03.2024 and for the first

          time the complaint case came to be filed on 16.04.2024 which

          was later on sent to the concerned Police Station under Section

          156(3) of the Code of Criminal Procedure and accordingly the

          FIR is instituted. Besides the omnibus allegation, the delay in

          lodging of the FIR has not been explained. The present case is

          nothing but instituted on account of previous animosity. So far

          the petitioners are concerned, they bear fair antecedent and

          undertake that they will fully cooperate in the proceeding of the

          court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          there is specific accusation against the petitioners of causing

          assault and threatening to grab the land, besides the allegation of
           Patna High Court CR. MISC. No.2729 of 2026(2) dt.04-02-2026
                                                       3/3




                     misbehaving.

                                  6. Having considered the submissions advanced by

                     the learned Advocates for the respective parties and taking note

                     of the nature of allegation, coupled with the delay in lodging of

                     the complaint/FIR, besides the fair antecedent of the petitioners,

                     let the petitioners abovenamed be released on bail, in the event

                     of their arrest or surrender before the court below within a

                     period of four weeks from the date of receipt/production of a

                     copy of this order, upon furnishing bail bonds 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/Successor court in connection with Buxar (Town) P.S.

                     Case No. 386 of 2024, subject to the conditions laid down in

                     Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023,

                     with the further condition that one of the bailors shall be the

                     own/close family members of the petitioners.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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