Patna High Court
Sintu Kumar Yadav @ Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Non‑Statutory (BNS) Act, 2023 — s. 109(1), 115(2), 126(2), 329(3), 3(5), 351(2)
- Bihar Non‑Statutory (BNSS) Act — s. 482(2)
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
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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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