Patna High Court
Narsingh Prasad @ Narsingh KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Narsingh Prasad, was named in FIR No.276/2025 for assaulting an informant and his elder brother, alleged to be part of a land dispute between agnate villagers. He sought anticipatory bail, arguing innocence, a simple injury report, a clean criminal record, and that a counter‑case had also been filed by him. The State opposed bail, emphasizing the ongoing dispute and the seriousness of the offences under Sections 126(2), 115(2), 118(2), 109, 303(2), 352 and 3(5) of the B.N.S., 2023. The Court considered the petitioner's willingness to comply with conditions, the existence of a case and counter‑case, and the precedent of anticipatory bail granted to other accused. It ordered that the petitioner be released on anticipatory bail upon furnishing a Rs 30,000 bond and complying with conditions under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 in view of the pending FIR and the land‑dispute context.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(2), 126(2), 2(1)(d), 303(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- land dispute
- assault
- criminal procedure
- BNSS 2023
- agnates
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4986 of 2026
Arising Out of PS. Case No.-276 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
Narsingh Prasad @ Narsingh Kushwaha S/o Late Mangali Kushwaha @
Mangal Prasad R/o Village- Tuniyahawa, Police Station- Dhanaha, District-
West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kr Singh No. 1, Adv.
For the Opposite Party/s : Mr.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Dhanaha P.S. Case No.276 of 2025 lodged on 01.09.2025,
for the offences punishable under Sections 126(2), 115(2),
118(2), 109, 303(2), 352 and 3(5) of the B.N.S., 2023.
3. As per the prosecution, FIR has been lodged against
18 named accused persons including the present petitioner with
allegation that he had assaulted the informant and subsequently
to his elder brother along with two others.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that both parties are resident of same village and
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they are basically agnates and due to land dispute, the present
occurrence took place. He further submits that injury report of
the informant is annexed by which it transpires that injury is
simple in nature.
5. Counsel further submits that for the same date and
place of occurrence, there is case and counter-case lodged from
both the sides. The informant has lodged case i.e., Dhanaha P.S.
Case No.276 of 2025 (present case) and the petitioner has
lodged case i.e., Dhanaha P.S. Case No.288 of 2025. He further
submits that seven accused persons have been granted
anticipatory bail from the Sessions court itself.
6. Counsel submits that the criminal antecedent of the
petitioner is clean and he is ready to fulfill all the conditions
whatsoever shall be imposed upon them.
7. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that there is case and counter-
case and both the parties are agnates and land dispute is going
on between them.
8. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
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furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Judicial Magistrate-1st Class, Bagaha, West
Champaran in connection with Dhanaha P.S. Case No.276 of
2025, subject to the conditions as laid down U/s 482(2) of the
BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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