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Patna High Court

Sitaram SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.29965 of 2026(2) dt.06-05-2026
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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
Patna High Court CR. MISC. No.29965 of 2026(2) dt.06-05-2026
                                            3/4




          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
          Patna High Court CR. MISC. No.29965 of 2026(2) dt.06-05-2026
                                                      4/4




                    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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