Patna High Court
Jayant SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
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
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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
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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
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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.
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7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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