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Patna High Court

Sonu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to all petitioners subject to a bond and conditions under section 438(2) of the CrPC.

Summary

The petitioners, Sonu Singh, Monu Singh, Milan Singh and Shubham Singh, were implicated in an FIR alleging assault in the context of a long-standing land dispute, with charges under sections 341, 323, 324, 307 and 34 of the Indian Penal Code. They contended that the allegations were vague, no specific overt act was ascribed to them, and they possessed a clean antecedent. The State opposed bail, while the petitioners highlighted that similarly situated co‑accused had already been released on bail in a related case. The Court examined the nature of the allegations, the petitioners' background, and the precedent of bail to co‑accused. It concluded that bail was appropriate, subject to a bond of Rs.10,000 with two sureties and conditions under section 438(2) of the CrPC. Consequently, the petitioners were granted bail.

Issues considered

  • Whether bail should be granted to the petitioners accused of offences under sections 341, 323, 324, 307 and 34 IPC in a land‑dispute‑related assault case
  • Whether the lack of specific allegations against the petitioners and their clean antecedent justify bail

Legislation cited

Subjects

  • bail
  • land dispute
  • assault
  • Indian Penal Code
  • Criminal Procedure Code
  • section 438
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77968 of 2025
                       Arising Out of PS. Case No.-377 Year-2024 Thana- MASHRAK District- Saran
               ======================================================
           1 . Sonu Singh Son of Late Ravindra Singh Village - Bahrauli, P.S.- Mashrakh,
                District - Saran.
           2.    Monu Singh Son of Milan Singh Village - Bahrauli, P.S.- Mashrakh, District
                 - Saran.
           3.    Milan Singh @ Mithilesh Singh Son of Late Brahmanand Singh Village -
                 Bahrauli, P.S.- Mashrakh, District - Saran.
           4.    Shubham Singh Son of Milan Singh Village - Bahrauli, P.S.- Mashrakh,
                 District - Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harish Kumar , Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2026                     Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend arrest in a case registered for

                   the offence punishable under sections 341, 323, 324, 307/34 of

                   the Indian Penal Code .

                                3 . As per the prosecution case, all the FIR named

                   accused persons including these petitioners and 3 to 5 unknown

                   persons, in the background of land dispute , came to the house

                   of the informant and abused and assaulted her husband and

                   other family members with lathi, stick and sword causing them
            Patna High Court CR. MISC. No.77968 of 2025(2) dt.05-02-2026
                                                        2/2




                      injuries.

                                   4. It is submitted on behalf of the petitioners that due

                      to long standing land dispute , simple marpit took place between

                      the parties. Allegation of assault is general and omnibus against

                      these petitioners. No specific overt act has been alleged against

                      them. Petitioners claim clean antecedent. Similarly situated co-

                      accused persons have already been granted bail by this Hon’ble

                      Court vide order dated 10.02.2025 in Cr. Misc. No. 83999 of

                      2024 .

                                   5 . Learned counsel for the State opposed the bail.

                                   6. Considering the aforesaid facts of the case, prayer

                      for bail of all the petitioners is allowed. In the event of

                      arrest/surrender within eight weeks from today, let these

                      petitioners, mentioned above, be enlarged on bail on furnishing

                      bail bond of Rs.10,000/- (ten thousand) each with two sureties

                      of the like amount each to the satisfaction of Additional Chief

                      Judicial Magistrate VIIth, Saran at Chapra in Mashrakh Police

                      Station Case No. 377 of 2024 , subject to the conditions laid

                      down under section 438(2) of the Code of Criminal Procedure .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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