Patna High Court
Arvind Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to a bond, sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Arvind Kumar Singh applied for anticipatory bail after being implicated in a case involving alleged assault during a land dispute, with offences listed under Sections 329(3), 126(2), 115(2), 109, 351(2), 352 and 3(5) of the Bihar Negotiable Sale Act (B.N.S.S.). He asserted a clean antecedent and claimed the informant’s allegations were false, noting that the injury to the informant was minor and that the initial notice was under Section 35(3) of the B.N.S.S. The State opposed the bail but could not refute the petitioner’s claim that the injury was simple. The court considered the submissions and, applying Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S., ordered anticipatory bail with a bond of Rs.10,000 and two sureties, subject to standard conditions. The order was made to ensure the petitioner’s cooperation with the investigation while protecting his liberty.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the allegations under the B.N.S.S.
- Whether the petitioner’s alleged involvement in the assault is substantiated enough to deny bail
Legislation cited
- Bihar Negotiable Sale Act — s. 35(3), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- false implication
- assault
- Bihar Negotiable Sale Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42735 of 2026
Arising Out of PS. Case No.-710 Year-2025 Thana- DANAPUR District- Patna
======================================================
Arvind Kumar Singh S/o Ram Sanehi Singh R/o Mohalla- Ramjichak, School
Road, PS- Digha, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Singh, Advocate
Mr. Ambrish Kumar, Advocate
Mr. Saharsh Singh, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-07-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 329(3),
126(2), 115(2), 109, 351(2), 352 and 3(5) of the BNS.
3. Learned counsel appearing on behalf of the
petitioner submits that petitioner is a person with clean
antecedent and the informant alleges that he purchased a piece
of land from Ranjeet Kashyap and Saurabh Kumar and came in
possession of the same, further on 07.07.2025 when informant
visited the land he found the accused persons along with some
unknown persons carring out construction work, on protest by
Patna High Court CR. MISC. No.42735 of 2026(2) dt.13-07-2026
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informant and his brother, accused Arvind on order of Ram
Sanehi assaulted him by an iron rod causing injury on head and
thereafter repeated blow causing injury on back of the head and
accused persons also assaulted his brother by bricks and rods.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant on account of dispute relating
to land, it is next submitted that initially notice under Section
35(3) BNSS was given to the petitioner and the petitioner co-
operated with the police in the investigation but later Section
109 of the BNS came to be added hence petitioner apprehends
arrest, it is further submitted that even injury suffered by the
petitioner is opined to be simple amply demonstrates that
allegation of repeating blow stands falsified. It is also submitted
that if the privilege of anticipatory bail is granted to the
petitioner, the petitioner will not abscond rather will cooperate
in the investigation to prove his innocence.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioner but then are not in a position to
rebut the submissions of the learned counsel appearing on
behalf of the petitioner that the injury suffered by the injured is
Patna High Court CR. MISC. No.42735 of 2026(2) dt.13-07-2026
3/3
opined to be simple in nature and initially notice under section
35(3) of BNSS was given to the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his 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)
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 Danapur P.S. Case No. 710 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
vikram/-
U T
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