Patna High Court
Rajendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail must be granted to the petitioner.
Summary
Petitioner Rajendra Prasad Singh sought anticipatory bail fearing arrest in a case involving alleged extortion, threats, and assault under multiple sections of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with co‑accused, demanded Rs.5,00,000 from the informant and assaulted him when the demand was refused. The petitioner contended he was innocent, asserting that the incident stemmed from a long‑standing land dispute and that any injuries caused were minor. The State opposed the bail application. Considering the case‑and‑counter‑case nature of the dispute and the modest nature of the alleged injuries, the court allowed anticipatory bail, directing that if arrested within eight weeks the petitioner be released on bail with a bond and sureties, subject to Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S. in view of the alleged offences.
- Whether the nature of the alleged extortion and assault offences warrants denial of bail.
- Whether the underlying land dispute and the severity of alleged injuries affect the bail decision.
Legislation cited
Subjects
- anticipatory bail
- extortion
- land dispute
- assault
- Section 482
- Arms Act
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41335 of 2026
Arising Out of PS. Case No.-309 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Rajendra Prasad Singh S/o Late Bhuneshwar Singh R/o Vill- Jamuna, P.S.-
Imamganj, Distt- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vinod Kumar, Advocate
For the State : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 190,
191(2), 191(3), 115(2), 118(1), 109, 308(3), 308(4), 324(4), 352
and 351(2) of the B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, informant, namely Praveen
Kumar, alleged that on 05.11.2025 at about 2 PM, all the F.I.R.
named accused persons, including this petitioner, variously
armed, came to the brick laying land of the informant and
demanded extortion of Rs. 5,00,000/-. It is further alleged that
co-accused Gulam Hasnain Khan demanded levy and said that if
the money is not paid to him then he will kill him. Upon refusal,
Patna High Court CR. MISC. No.41335 of 2026(2) dt.06-07-2026
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all the accused persons, including this petitioner, abused the
informant and assaulted him.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, there is long standing
land dispute between the parties for which a title suite bearing
Title Suit No. 32 of 2025 is going on between father of
informant and this petitioner for which, on the alleged date and
time of occurrence, a scuffle took place in which both sides
sustained injuries. There is case and counter-case. Injuries,
allegedly caused by this petitioner, are simple in nature. Rest of
the allegations are ornamental in order to make the case grave.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, case and counter-case between the parties and nature of
injuries alleged caused by this petitioner, the prayer for grant of
anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.41335 of 2026(2) dt.06-07-2026
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10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Sherghati, Gaya in
connection with Imamganj P.S. Case No. 309 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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