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Patna High Court

Arvind Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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