Patna High Court
Subhas Chandra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petitioners' anticipatory bail application, subject to specified conditions.
Summary
The petitioners, Subhas Chandra Singh and Satyam Kumar, were implicated in a FIR alleging assault, use of a pistol, and extortion of Rs.5,00,000 in a land dispute. They contended that the allegations were false and motivated by an ongoing civil dispute and a pending murder trial involving the petitioner’s family. The State opposed their application for anticipatory bail. The High Court, after considering the submissions and the nature of the allegations, granted anticipatory bail under Section 438 of the Code of Criminal Procedure and Section 482 of the Bharatiya Nyaya Sanhita, subject to stringent conditions including surety, physical presence in court, and verification of criminal antecedents. The order emphasized that the bail conditions are not to delay verification and that any observations made are not binding during trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 B.N.S.S. in view of the alleged offences.
- Whether the allegations in the FIR constitute a false implication arising from a land dispute.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 308(4), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- extortion
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33424 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- BALIYA District- Begusarai
======================================================
1. Subhas Chandra Singh, Son of Late Lakshmi Narain Singh Resident of
Village - Manserpur, P.S.- Ballia, District - Begusarai.
2. Satyam Kumar @ Kumar Satyam, Son of Sri Subhas Chandra Singh
Resident of Village - Manserpur, P.S.- Ballia, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.K. Lal, Sr. Advocate
Mr. Pritish Kumar Lal, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 18-05-2026 Heard Mr. S.K. Lal, learned Senior counsel, assisted
by Mr. Pritish Kumar Lal, learned counsel for the petitioners as
well as learned APP for the State through virtual mode.
2. Petitioners apprehend their arrest in connection
with Ballia P.S. Case No.108 of 2026 registered for the offences
under Sections 115(2), 126(2), 352, 351(2), 109(1), 308(4) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that the petitioners, along with one Shivam Kumar,
came on the lands of his maternal grandfather and pointed a
pistol at him and started abusing him. It is further alleged that
the petitioner Satyam Kumar caught hold of the informant and
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the accused Shivam Kumar gave a Khanti blow on the head and
shoulder of the informant. Subsequently, it is alleged that
petitioner Subhas Chandra Singh and Satyam Kumar @ Kumar
Satyam also assaulted with lathi and pistol and they also
demanded rangdari of Rs.5,00,000/-.
4. Learned Senior counsel for the petitioners submits
that the petitioners have been falsely implicated on account of
an admitted land dispute between the parties. It has further been
submitted that there is a previous case pending between the
parties and the case lodged on behalf of the petitioners is at a
very advanced stage and Sessions Trial No.310 of 2018 in
relation to the murder of Kumar Sundram the elder son of the
petitioner no.1 is also pending and in order to force the
petitioner to settle the dispute, the present false and concocted
case has been lodged. It has next been submitted that even going
by the allegations made in the FIR, it would be evident that the
specific allegation is against the accused Shivam Kumar of
assaulting on the head and shoulder with Khanti, while the
injury report, which has been referred to in the impugned order,
would also go on to show that the injury was found on the
parietal region, which is attributed to the accused Shivam
Kumar. It has also been submitted that the occurrence is said to
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have taken place on 14.02.2026, while this typed copy of the
FIR was lodged after a delay of more than seven days as an
afterthought and the petitioners have been implicated in order to
settle personal scores. It has lastly been submitted that petitioner
no.1 has got three criminal antecedents while petitioner no.2 has
got clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Ballia P.S. Case No.108 of 2026, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall be their
close relative.
(ii) The petitioners shall remain physically present in
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Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the Court
concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioners and in case at any stage it
is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However,
the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/ayushkr-
U T
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