Patna High Court
Sanjay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Sanjay Kumar Singh and Rahul Kumar, sought anticipatory bail after the State of Bihar filed a case (PS Case No‑117/2025) alleging offences under several sections of the B.N.S. arising from a land‑dispute‑related altercation on 11‑07‑2025. The informant claimed the petitioners assaulted neighbours with rods, causing injuries, but the petitioners contended they have clean antecedents and were falsely implicated due to the land dispute. Their counsel argued that the FIR was lodged 13 days after the incident based only on the informant’s written statement and that the injuries were minor. The State opposed the bail, asserting the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in view of the allegations under the B.N.S.
- Whether the petitioners’ clean antecedent and the nature of the alleged injuries justify bail despite the seriousness of the offences
Legislation cited
- B.N.S. — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- land dispute
- false implication
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4759 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- CHACKMEHSI District- Samastipur
======================================================
1. Sanjay Kumar Singh S/O Late Sonelal Singh @ Sonalal Mahto R/O Village-
Somnaha Maniyarpur, Ward No. 15, P.S.- Chackmehsi, District- Samastipur
2. Rahul Kumar @ Raushan Kumar S/O Ranjeet Prasad Singh @ Ranjeet
Kumar Singh R/O Village- Somnaha Maniyarpur, Ward No. 15, P.S.-
Chackmehsi, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-03-2026 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 126(2),
115(2), 74, 303(2), 352, 351(2) and 3(5) of the BNS.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on account of dispute relating to ploughing of land,
the accused persons started abusing and assaulting. Further,
Sanjay assaulted Rajnish by rod causing injury on head, while
Mukesh assaulted Rohit by rod causing injury on hand and
Rahul assaulted the informant by rod causing swelling on head.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.4759 of 2026(2) dt.23-03-2026
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petitioners have been falsely implicated in the instant case by
the informant on account of dispute relating to land. It is further
submitted that petitioners and the informant are neighbours and
are having dispute relating to land. It is next submitted that the
date of occurence is 11.07.2025 and the FIR came to be
instituted on 24.07.2025 based on a written application. It is also
submitted that if what has been alleged is true in that event the
FIR would have been based on the fardbeyan of the informant
recorded at the hospital. It is further submitted that a specific
pleading has been made at para 10 of the anticipatory bail
application that the injury suffered by the injured has been
opined to be simple in nature. It is next submitted that
petitioners are not criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let 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
Patna High Court CR. MISC. No.4759 of 2026(2) dt.23-03-2026
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connection with Chackmehsi P.S. Case No. 117 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)
Kundan/-
U T
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