Patna High Court
Jay Prakash Singh @ Bulbul SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, five residents of Eatahari village, applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bihar Narcotic Substances Act, 2023 read with Section 27 of the Arms Act. They alleged that the FIR was filed by an informant as a result of a land‑dispute, claiming that both sides had assaulted each other and that the alleged firing of weapons was ornamental with no injuries. The petitioners asserted a clean antecedent, willingness to cooperate with the investigation, and that the cartridges recovered were supplied by the informant. The State opposed the bail, contending that the offences were serious and the petitioners might tamper with evidence. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.25,000 with two sureties and a condition that the trial court may cancel the bail if the petitioners fail to cooperate. The order emphasized that the bail is granted under Section 482(2) of the BNSS and directed a copy to the concerned police station.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS despite the serious nature of the offences alleged.
- Whether the allegations in the FIR are sufficient to deny bail on grounds of potential tampering with evidence or absconding.
- Whether the land‑dispute motive renders the FIR false or malicious, justifying bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- land dispute
- false implication
- assault
- Arms Act
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78158 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- RASULPUR District- Saran
======================================================
1. Jay Prakash Singh @ Bulbul Singh S/o Kamla Singh Resident of Village-
Eatahari, P.S.- Rasulpur, Distt.- Saran
2. Aman Singh S/o Late Basdev Singh Resident of Village- Eatahari, P.S.-
Rasulpur, Distt.- Saran
3. Ananant Singh @ Anant Singh S/o Chedi Singh Resident of Village-
Eatahari, P.S.- Rasulpur, Distt.- Saran
4. Pradip Singh @ Pradeep Kumar Singh S/o Bhirgunath Singh Resident of
Village- Eatahari, P.S.- Rasulpur, Distt.- Saran
5. Sandip Kumar Singh @ Sandeep Kumar Singh S/o Late Sambhu Singh
Resident of Village- Eatahari, P.S.- Rasulpur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 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), 109(1), 352, 351(2) and 3(5) of the BNS, 2023 read with
Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that he along with his brother Ranjit were cleaning their
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land when Jai Prakash, Aman and Varun came and objected, on
which the informant said that the land is his purchased land,
thereafter all the three accused assaulted him by lathi, danda
and rod causing injury on head and also assaulted his brother
brutally causing injury below his neck, further Sandip, Pradeep
and Anant fired several rounds when police came and two
empty cartridges were recovered, further their relative Amit is a
criminal.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant on account of dispute relating to land. It is next
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that the occurrence took place when the
side of the petitioners objected cleaning of the land by the
informant and his side. It is further submitted that the land
belonged to the side of the petitioners which the side of the
informant was trying to capture and usurp, accordingly, an
altercation took place in which both sides assaulted each other.
It is also submitted that no doubt one of the injuries suffered by
the informant has been opined to be grievous, but then
allegation of assault is not specific and allegation of firing is
ornamental, as no one was injured in the firing. It is also
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submitted that even cartridges were provided from the side of
the informant. It is reiterated and submitted that on account of
dispute relating to land, an altercation had taken place in which
both sides assaulted each other and from side of the petitioners
also one person received eight injuries, as would manifest from
Annexure-3 series to the anticipatory bail application. It is also
submitted that petitioners are not criminals. It is next submitted
that petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
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, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty Five 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 connection with
Rasulpur P.S. Case No. 66 of 2025 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event if the
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Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioners despite
giving assurance to this Court are not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioners.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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