Patna High Court
Sujit Singh @ Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners are entitled to pre‑arrest bail as they have made out a prima facie case for release.
Summary
The petitioners, six individuals from Bishunpura village, were implicated in a FIR (Case No. 746/2024) alleging that they attempted to kill an informant and her family, assaulting them and causing injuries. They sought pre‑arrest bail, claiming innocence and that the allegations stemmed from a land dispute, with a case‑and‑counter‑case scenario where both sides sustained injuries. The State opposed the bail, but the Court noted the petitioners’ clean antecedents, the non‑vital nature of the injuries, and the existence of a counter‑case, finding a prima facie case for bail. Relying on Section 482(2) of the Bihar Criminal Procedure Code, the Court ordered that the petitioners be released on pre‑arrest bail upon furnishing a bond and sureties. The order also directed the District Court to verify any other criminal antecedents, which could nullify the bail if found.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the offences alleged in the FIR.
Subjects
- pre‑arrest bail
- criminal procedure
- Bihar Penal Code
- land dispute
- case and counter case
- clean antecedents
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73867 of 2025
Arising Out of PS. Case No.-746 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
1. Sujit Singh @ Sujit Kumar S/o Om Prakash Singh @ Kapari Singh R/o
Village- Bishunpura, Ps- Chapra Muffasil, Dist- Saran
2. Praful Singh @ Praful Kumar @ Prapul Singh S/o Kameshwar Singh R/o
Village- Bishunpura, Ps- Chapra Muffasil, Dist- Saran
3. Nitish Kumar Singh @ Nitish Kumar S/o Baljit Singh R/o Village-
Bishunpura, Ps- Chapra Muffasil, Dist- Saran
4. Bhola Singh S/o Triloki Singh R/o Village- Bishunpura, Ps- Chapra
Muffasil, Dist- Saran
5. Saryug Singh @ Sarju Singh S/o Jamuna Singh R/o Village- Bishunpura, Ps-
Chapra Muffasil, Dist- Saran
6. Chaneshwar Singh @ Chandeshwar Singh S/o Late Ram Prasad Singh R/o
Village- Bishunpura, Ps- Chapra Muffasil, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tejpratap Singh, Advocat
For the Opposite Party/s : Ms.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 26-02-2026 Heard Mr. Tejpratap Singh, learned counsel
appearing on behalf of the petitioners and Ms. Anita Kumari,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Chapra Muffasil P.S. Case No. 746/2024 registered for the
offence(s) punishable under Sections 191(2), 190, 126(2),
115(2), 118(1), 109, 117(2), 74, 352, 351(2) of the BNS.
3. As per the allegation made in the FIR, all the
accused persons including the petitioners with an intention to
Patna High Court CR. MISC. No.73867 of 2025(3) dt.26-02-2026
2/3
kill the informant and her family members, assaulted them on
different parts of bodies, causing injuries.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case due to land dispute.
Learned counsel further submitted that there is case and counter
case between the parties, arising out of same incidence, in
which both the parties sustained injuries. Specific allegation
against petitioner no.5 is that he along with another co-accused
Devdrat Singh assaulted one Bigni Devi, causing grievous
injury to her but the same is not on the vital part of the body and
the injury sustained by rest of the injured persons are simple in
nature. Petitioners have clean antecedents. On these grounds,
petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and the fact that there is case and counter case between
the parties arising out of same incidence, in which both the
parties sustained injuries and also the fact that the petitioners
have clean antecedents, I am of the opinion that petitioners
Patna High Court CR. MISC. No.73867 of 2025(3) dt.26-02-2026
3/3
have, prima facie, made out a case to be released on pre-arrest
bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned CJM Saran at Chapra /
Concerned Court in connection with Chapra Muffasil P.S. Case
No. 746/2024, subject to the conditions as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
Checking your session…