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Patna High Court

Bikash SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail may be granted in the present case, subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, Bikash Singh and his son Jeevan Kumar, applied for anticipatory bail in connection with a 2021 case involving alleged assault, robbery and other offences under Sections 323, 324, 307, 379, 504 and 34 of the Indian Penal Code. The prosecution alleged that the petitioners, along with others, assaulted an informant who was trying to protect his land and stole a gold chain worth Rs. 50,000. The petitioners contended that they were falsely implicated due to a prior land dispute and that the injuries were simple. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the facts, the simple nature of the injuries, the petitioners' willingness to cooperate, and the lack of risk of evidence tampering, granted anticipatory bail subject to a bond of Rs. 10,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners for offences under Sections 323, 324, 307, 379, 504 and 34 of the IPC.
  • Whether the nature of the alleged offences and the petitioners' antecedents preclude the grant of bail under Section 482(2) of the B.N.S.S., 2023.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault
  • robbery
  • land dispute
  • Bharatiya Nagrik Suraksha Sanhita
  • simple injury
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3848 of 2026
                       Arising Out of PS. Case No.-109 Year-2021 Thana- HALSI District- Lakhisarai
                 ======================================================
           1.     Bikash Singh Son of Late Sadanand Singh Resident of Village- Konag, P. S.
                  - Halsi, District- Lakhisarai.
           2.     Jeevan Kumar @ Jeevan Kumar Singh son of Bikash Singh Resident of
                  Village- Konag, P. S. - Halsi, District- Lakhisarai.
                                                                              ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   19-03-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Halsi P.S. Case No. 109 of 2021, instituted for the offences

                   punishable under Sections 323, 324,307,379,504,34 of the I.P.C.

                                3. As per the prosecution case, on the date of

                   occurrence, when the informant was in his house he noticed that

                   some of the accused persons were putting pillar in his land. When

                   he protested, all the accused persons including the petitioners

                   started assaulting him and his family members who had come to

                   save him. The accused persons also snatched a golden chain worth

                   Rs. 50,000/- from the informant.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in this
            Patna High Court CR. MISC. No.3848 of 2026(3) dt.19-03-2026
                                                        2/2




                      case due to previous land dispute. Injury on the injured are simple

                      in nature. After investigation, charge-sheet has been filed under

                      bailable Sections but cognizance has been taken under Sections

                      307, 379, 324 of the I.P.C. There is no chance of tampering of the

                      evidence and absconding the petitioners. Petitioner no. 1 has two

                      criminal antecedents but the same is not of the same nature.

                      Petitioner No. 2 has clean antecedent. Petitioners undertake to co-

                      operate in the investigation and trial.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail.

                                   6. Considering the facts and circumstances of the case,

                      submission of learned counsel for the parties and the injuries are

                      simple in nature, 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 learned Judicial Magistrate 1 st Class, Lakhisarai in

                      connection with Halsi P.S. Case No. 109 of 2021, subject to the

                      conditions laid down in Section 482 (2) of the Bharatiya Nagrik

                      Suraksha Sanhita (B.N.S.S.), 2023.



                                              (Sunil Dutta Mishra, J)
rakhi/-
U       T


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