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Patna High Court

Jayant SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioners are entitled to bail subject to bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, four brothers, sought bail in a case arising from a land dispute where they were alleged to have assaulted several persons with weapons and stolen a gold chain. The prosecution charged them under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging grievous injuries. The petitioners contended they were falsely implicated, highlighted inconsistencies in the injury reports, and pointed out that one co‑accused had already been granted anticipatory bail. The State opposed bail, emphasizing the specific overt acts attributed to petitioners No.1 and No.4 and their criminal antecedents. After considering the evidence and submissions, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application was allowed.

Issues considered

  • Whether the petitioners are entitled to bail despite charges under Sections 126(2), 115(2), 118(1), 109(1), 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the injury reports and lack of specific allegations against some petitioners justify granting bail.
  • Whether the antecedents of petitioner No.4 preclude bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • land dispute
  • injury report
  • anticipatory bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29183 of 2026
                        Arising Out of PS. Case No.-138 Year-2025 Thana- ASANWA District- Siwan
                 ======================================================
           1.     Jayant Singh Son of Anil Singh Resident of village and post- Kashila

                 Panchbenia, P.s.- Aswan, District- Siwan Bihar
           2.    Rupesh Singh son of Anil Singh Resident of village and post- Kashila

                 Panchbenia, P.s.- Aswan, District- Siwan Bihar
           3.    Brajesh Singh @ Chhotak Kumar Singh son of Anil singh Resident of

                 village and post- Kashila Panchbenia, P.s.- Aswan, District- Siwan Bihar
           4.    Anil Singh Son of Late Parshuram Singh Resident of village and post-

                 Kashila Panchbenia, P.s.- Aswan, District- Siwan Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Kumar, Advocate
                 For the Opposite Party/s :       Mrs.Asha Devi, APP
                 For the Informant        :       Mr. Pankaj Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   07-05-2026                   Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioners apprehend arrest in connection with

                   Asaon P.S. Case No. 138 of 2025, dated 14.11.2025, instituted

                   under Sections 126(2), 115(2), 118(1), 109(1), 303(2), 352,

                   351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                 3. The prosecution case, in brief, is that on 14.11.2025
Patna High Court CR. MISC. No.29183 of 2026(2) dt.07-05-2026
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          at about 9:00 A.M., on account of a pre-existing land dispute,

          the accused persons including the petitioners, variously armed

          with sword, pistol, lathi, iron rod and farsa, came to the

          disputed land and started forcibly ploughing and taking

          possession over the same. It is alleged that when the informant

          and her family members objected, petitioner no. 4, namely Anil

          Singh, assaulted Ramji Singh, father-in-law of the informant,

          with a sword causing injuries on his hand, mouth and tooth

          while petitioner no. 1, namely Jayant Singh, assaulted Kailash

          Singh, informant’s brother-in-law, with an iron rod causing head

          injury. It is further alleged that the co-accused assaulted Azad

          Singh and Dhananjay Singh causing head injuries and also

          snatched a gold chain worth Rs. 1,35,000/- from the neck of

          Azad Singh. Thereafter, the injured persons were taken to the

          hospital by local villagers for treatment.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and they have been falsely implicated in

          the present case. It is further submitted that the present case is a

          counter blast of Asaon P.S. Case No. 137 of 2025 dated

          14.11.2025 lodged by Rupesh Singh (petitioner no. 2) at 7:15

          P.M., whereas the present case has been instituted on the same

          date at 7:25 P.M. It is further submitted that both the parties are
Patna High Court CR. MISC. No.29183 of 2026(2) dt.07-05-2026
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          close agnates. Referring to the allegation against petitioner no.

          4, learned counsel submits that though he is alleged to have

          assaulted Ramji Singh, informant’s father-in-law, with a sword

          on the head with intention to kill the injury report completely

          belies the prosecution version. The injury report reveals (i)

          bilateral nasal bleeding, (ii) upper teeth pain with swelling of

          upper gum and (iii) lacerated wound measuring about 1” x 1/2”

          x muscle deep over left forearm above elbow. The doctor has

          opined the injuries to be caused by hard and blunt substance and

          not by any sharp-cutting weapon, which falsifies the prosecution

          story. So far as petitioner no. 1 is concerned, he is alleged to

          have assaulted the informant’s brother-in-law, Kailash Singh, on

          the head with an iron rod causing head injury. The injury report

          of Kailash Singh reveals three injuries, namely, (i) lacerated

          wound measuring about 2” x 1/2” x 1/4” over left side forehead

          and the CT Scan of brain shows hemorrhagic contusion and the

          nature of injury has been opined to be “may be grievous”. It is

          further submitted that the said Kailash Singh assaulted petitioner

          no. 1, as a result of which, petitioner no. 1 sustained severe head

          injury and was referred to Sadar Hospital, Siwan for treatment.

          Learned counsel submits that the said Kailash Singh has already

          been granted anticipatory bail by this Court. It is further
Patna High Court CR. MISC. No.29183 of 2026(2) dt.07-05-2026
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          submitted that except the specific allegations against petitioner

          nos. 1 and 4, only general and omnibus allegations have been

          levelled against petitioner nos. 2 and 3. Petitioner nos. 1, 2 and 3

          have no criminal antecedent. Although petitioner no. 4 has three

          criminal cases pending against him, he has already been

          acquitted in all those cases.

                        5. Per contra, learned counsel for the informant as

          well as learned APP for the State have vehemently opposed the

          prayer for bail. It is submitted that specific overt acts have been

          attributed to petitioner nos. 1 and 4 and on account of their

          assault, the injured persons sustained injuries. It is further

          submitted that petitioner no. 4 has antecedents of three criminal

          cases.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, in

          the event of arrest or surrender before the Court below within

          six weeks from today, the petitioners be released on bail 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 ACJM-III, Siwan, in Asaon P.S. Case No. 138 of 2025,

          subject to the conditions laid down in Section 482(2) of the

          Bharatiya Nagarik Suraksha Sanhita 2023.
           Patna High Court CR. MISC. No.29183 of 2026(2) dt.07-05-2026
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                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U


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