Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Sachin Kumar applied for anticipatory bail after being implicated in a case under Sections 191(2), 117(2), 109, 352 and 351(2)&(3) of the Bharatiya Nyaya Sanhita, arising from a land‑dispute where the informant alleged that the accused were ploughing his field and assaulted him and his brother with an iron rod and lathi. The petitioner contended that he is innocent, the FIR is vague and the allegations are false, made to facilitate a grab of his ancestral land, and he has a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court, considering the nature of the dispute, the lack of specific overt acts in the FIR and the petitioner’s clean record, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita within eight weeks of arrest. The order directs the Additional Chief Judicial Magistrate – IV, Patna to enlarge bail upon surrender.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault and other offences under the Bharatiya Nyaya Sanhita.
- Whether the FIR discloses a specific overt act sufficient to deny bail.
- Whether the land‑dispute context and the petitioner’s clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 117(2), 191(2), 351(2), 351(3), 352
Subjects
- anticipatory bail
- land dispute
- false implication
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77860 of 2025
Arising Out of PS. Case No.-125 Year-2025 Thana- NEORA District- Patna
======================================================
Sachin Kumar S/O Late Madan Singh R/O Village.- Chhitrauli, P.S- Neora,
Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Soni , Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
For informant : Mr. Manoj Kumar , Advocate
Ms. Bhawana Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 191(2), 117(2), 109, 352,
351(2) & (3) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 12.07.2025 at about
5:30 PM, informant along with his younger brother had gone to
visit his ancestral land and upon reaching there, he saw that all
the F.I.R. named accused persons, including these petitioner,
were ploughing his field by tractor. On protest, all the accused
persons abused and assaulted informant and his younger brother
Patna High Court CR. MISC. No.77860 of 2025(2) dt.05-02-2026
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by means of iron rod, lathi as a result of which they sustained
injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and committed no offence . As a matter of
fact, there is land dispute between the parties and petitioners
have falsely been implicated in this case only with a view to
grab the ancestral land of petitioner. Allegation of assault is
general and omnibus and F.I.R. does not disclose or attribute
any specific overt act against these petitioner. Petitioner claims
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, dispute and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner, in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate – IV , Patna in connection with Neora P. S.
Case No. 125 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
Patna High Court CR. MISC. No.77860 of 2025(2) dt.05-02-2026
3/3
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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