Patna High Court
Sitaram SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the land dispute background and possibility of false accusation, bail should be granted to the petitioners subject to Section 482(2) conditions.
Summary
The petitioners, a group of related individuals from Kamdeopur village, sought bail fearing arrest in connection with PS Amarpur Case No. 838 of 2025, which alleged offences under several IPC sections and Section 3(5) of the Bihar Negotiable Instruments Act, 2023. The prosecution alleged that the petitioners, amid a land dispute, assaulted the informant’s family and stole a gold chain and money. The petitioners contended they were falsely implicated, asserting that the informant had parked his motorcycle on their land and that the alleged injuries were either absent or inconsistent with the medical reports. The court noted the background of a land dispute, the existence of an earlier counter‑case filed by the petitioners, and the possibility of false accusation, while also observing the petitioners’ clean antecedents. Accordingly, the court granted bail to the petitioners, subject to conditions under Section 482(2) of the Bihar Negotiable Instruments Act, 2023 and other standard bail conditions.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged.
- Whether the circumstances of a land dispute and prior counter‑case raise a likelihood of false accusation warranting bail.
- Whether the petitioners' clean antecedents justify the grant of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 3(5), 482(2)
- Indian Penal Code — s. 109(1), 115(2), 126(2), 303(2), 351(2), 352, 74
Subjects
- bail
- false accusation
- land dispute
- criminal procedure
- Section 482
- Indian Penal Code
- Bihar Negotiable Instruments Act
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29965 of 2026
Arising Out of PS. Case No.-838 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Sitaram Singh S/O Late Bachcho Singh R/O Village-Kamdeopur, PS-
Amarpur, Distt-Banka
2. Nigam Singh @ Nirmal Kumar Singh @ Nirmal Singh S/O Sitaram Singh
R/O Village-Kamdeopur, PS-Amarpur, Distt-Banka
3. Digam Singh @ Vijay Kumar Singh @ Vijay Singh S/O Sitaram Singh R/O
Village-Kamdeopur, PS-Amarpur, Distt-Banka
4. Babloo Singh @ Gopal Kumar Singh @ Gopal Singh S/O Late Bachcho
Singh R/O Village-Kamdeopur, PS-Amarpur, Distt-Banka
5. Gita Devi W/O Babloo Singh @ Gopal Kumar Singh @ Gopal Singh R/O
Village-Kamdeopur, PS-Amarpur, Distt-Banka
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Amarpur P.S. Case
No. 838 of 2025, dated 21.11.2025, registered for the offences
punishable under Sections 126(2), 115(2), 109(1), 74, 303(2),
352 and 351(2) read with Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, petitioners and other co-
accused persons in the background of land dispute abused and
assaulted the informant, his father, his brother, his mother and
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his sisters-in-law, causing a number of injuries to them. They
also snatched gold chain and took away rupees four thousand.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. Both the parties are agnates and the true facts of the
case are that the informant parked his motorcycle on the land of
the petitioners and when they requested him to remove the
motorcycle as tilak ceremony was going to take place in their
house, the informant and his family members abused the
petitioners and refused to remove their motorcycle and also
assaulted the petitioners’ side with lathi, danda and sword.
Learned counsel further submits that though there is allegation
against petitioner no. 1 that he gave farsa blow on the head of
the informant, injury report falsifies this allegation as no injury
was found on the head of the informant and only a lacerated
wound of size 4” x 1 cm was found over right leg with tender
swelling of size 2” x 2” over left hand. Similarly, the father of
the informant has received injury at the hands of a number of
persons as alleged, but injury report shows only a tender
swelling with bleeding of size 4” x 2” over parietal region of
head over both sides, apart from tenderness over right hand and
an incised wound with amputated thumb from distal phalanx of
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right hand. However, there is no allegation for severing the
thumb of the father of the informant and it is not believable that
a number of persons assaulted the father of the informant and he
received only tender swelling with bleeding over his head.
Learned counsel further submits that there is counter version
and Amarpur P.S. Case No. 838 of 2025 has been instituted by
petitioner no. 1 much earlier than the institution of case of
informant. A numbers from the petitioners’ side have also
received injury which remained unexplained. Learned counsel
lastly submits that petitioners are having clean antecedent.
5. Learned APP opposes the submissions made on
behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
earlier instituted counter version of the petitioners and also
considering the background of land dispute and the relationship
of the parties and possibility of false accusation, let the
petitioners, above-named, in the event of their arrest or
surrender before the Court concerned within a period of eight
weeks from today, be released on bail, on furnishing bail bonds
of Rs. 10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
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Chief Judicial Magistrate, Banka, in connection with Amarpur
P.S. Case No. 838 of 2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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