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Patna High Court

Sintu Kumar Yadav @ Sintu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to all petitioners, subject to bond and surety conditions, under Section 482(2) of the BNSS.

Summary

The petitioners, five residents of Korwakura village, applied for anticipatory bail after an FIR was lodged alleging offences under Sections 115(2), 126(2), 109(1), 329(3), 351(2) and 3(5) of the Bihar Non‑Statutory (BNS) Act, 2023, stemming from a land‑dispute where the informant claimed they threatened and assaulted him. The petitioners contended that the allegations, particularly against petitioners 2, 3, 4 and 5, were vague and that no specific assault was alleged against them, and argued that the threat with a pistol was not pursued under the Arms Act. The State opposed the anticipatory bail, asserting the seriousness of the offences. The Court, noting the youth of petitioner No. 1 (about 20 years) and the lack of specific allegations against the other petitioners, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and the condition that one bailor for petitioner No. 1 be his brother, Mantu Kumar. The order was made under Section 482(2) of the Bihar Non‑Statutory (BNSS) Act, allowing the petitioners to be released on bail if arrested within six weeks.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under the circumstances of the FIR?
  • Whether the allegations in the FIR sufficiently disclose a specific offence against each petitioner to deny bail?
  • Whether the threat with a pistol necessitates invocation of the Arms Act for bail considerations?

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • threat with weapon
  • Section 482
  • bail conditions
  • young offender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42686 of 2026
                      Arising Out of PS. Case No.-26 Year-2026 Thana- MOHANPUR District- Jamui
                 ======================================================
           1.     Sintu Kumar Yadav @ Sintu Kumar S/O Rajo Yadav R/O Village-
                  Korwakura, P.S.- Mohanpur, District- Jamui.
           2.    Rajo Yadav S/O Late Kokil Yadav R/O Village- Korwakura, P.S.- Mohanpur,
                 District- Jamui.
           3.    Sahdev Yadav S/O Late Agnu Yadav R/O Village- Korwakura, P.S.-
                 Mohanpur, District- Jamui.
           4.    Salendra Yadav @ Shailendra Yadav S/O Sahdev Yadav R/O Village-
                 Korwakura, P.S.- Mohanpur, District- Jamui.
           5.    Vikash Yadav S/O Jato Yadav R/O Village- Korwakura, P.S.- Mohanpur,
                 District- Jamui.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prabhat Ranjan Singh, Advocate
                 For the Opposite Party/s :      Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 115(2),

                   126(2), 109(1), 329(3), 351(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner nos. 1, 4 and 5 are persons with clean antecedent and

                   petitioner no. 1 is a young boy aged about 20 years and

                   petitioner nos. 2 and 3 have antecedent of two cases and the
Patna High Court CR. MISC. No.42686 of 2026(2) dt.08-07-2026
                                            2/3




          informant alleges that on 08.03.2026 at 06:30 PM, he was

          collecting paddy from his field, when named accused persons

          including the petitioners came and said that they will not allow

          him passage for to and fro movement despite land belongs to

          him, the informant asked them to hold Panchayati, when

          petitioner no. 1 assaulted him by axe causing injury on head and

          Vikash threatened with pistol while Raju and Shailendra also

          threatened.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case on

          account of dispute relating to land. It is next submitted that no

          specific allegation of assault is alleged against petitioner nos. 2,

          3, 4 and 5. It is next submitted that though it is alleged that

          Vikash threatened with pistol, but then the FIR is not instituted

          under the Arms Act. It is further submitted that petitioner no. 1

          is alleged to have assaulted the informant by axe causing injury

          on head and the opinion with regard to the injury has been

          reserved, but then it is submitted that blow is not alleged to have

          been repeated. It is further submitted that petitioner no. 1 is a

          young boy aged about 20 years and if he is sent to judicial

          custody, his entire career would get jeopardized and chances are

          bright that he may come in contact with hardened criminal.
            Patna High Court CR. MISC. No.42686 of 2026(2) dt.08-07-2026
                                                        3/3




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

                      anticipatory bail application of the petitioners.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioners and taking into consideration the fact

                      that petitioner no. 1 is a young boy aged about 20 years and

                      against rest petitioners, no specific allegation of assault is

                      alleged, the petitioners above-named, in the event of their arrest

                      or surrender within a period of six weeks from today, be

                      released on anticipatory bail on furnishing bail bonds of Rs.

                      10,000/- (Rupees Ten Thousand) each with two sureties of the

                      like amount each to the satisfaction of the learned trial court

                      where the case is pending/successor court in connection with

                      Mohanpur P.S. Case No. 26 of 2026 subject to the conditions as

                      laid down under Section 482 (2) of the BNSS.

                                   7. One of the bailors of the petitioner no. 1 shall be

                      his brother, Mantu Kumar.

                                   8. Accordingly,         the    instant    anticipatory     bail

                      application stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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