Patna High Court
Narendra kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioners are entitled to anticipatory bail under Section 482 of the B.N.S., 2023.
Summary
The petitioners, four brothers from Tikuliya village, sought anticipatory bail fearing arrest in a case (PS Adapur, Case No. 363 of 2025) involving multiple offences under the B.N.S., 2023 arising from a property dispute that led to injuries on both sides. The informant, also a co‑owner of the disputed property, opposed the bail application. The petitioners asserted a clean antecedent and argued that the injuries were simple. The court examined the nature of the alleged offences, the petitioners’ clean record, and the fact that the injuries were not severe. Considering these factors, the court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties each, subject to conditions under Section 482 of the B.N.S., 2023. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482 of the B.N.S., 2023 in the present case.
- Whether the nature of the alleged injuries and the petitioners' clean antecedent justify the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482, 74
Subjects
- anticipatory bail
- Section 482
- property dispute
- clean antecedent
- injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.338 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- ADAPUR District- East Champaran
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1. Narendra Kumar Son of Late Shambhu Rai Resident of Village - Tikuliya,
P.S. - Adapur, Dist. - East Champaran.
2. Vikesh Kumar Son of Late Shambhu Rai Resident of Village - Tikuliya, P.S.
- Adapur, Dist. - East Champaran.
3. Sukesh Kumar Son of Late Shambhu Rai Resident of Village - Tikuliya, P.S.
- Adapur, Dist. - East Champaran.
4. Dhananjay Kumar Son of Late Ramjiwan Rai Resident of Village - Tikuliya,
P.S. - Adapur, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr.Abhishek Kumar
For the State : Mr.Rajendra Nath Jha
For the Informant : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 115(2), 126(2), 117(2),
118(1), 303(2), 109, 74, 351(2), 352, 3(5) of the B.N.S., 2023.
3. The petitioners and informant side are own
pattidars and due to property dispute, Maarpit took place
between the parties, in which, both sides sustained injuries. Case
and counter case. Injuries, caused by these petitioners, are
simple in nature. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.338 of 2026(2) dt.21-01-2026
2/2
4. Learned counsel for the informant opposes the
prayer for anticipatory bail.
5. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioners be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Raxaul at Motihari (East
Champaran) in connection with Adapur P.S. Case No. 363 of
2025, subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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