Patna High Court
Bijendra Singh @ Vijendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, Bijendra Singh, Munarik Singh and Manish Kumar, sought anticipatory bail fearing arrest in a case registered under several sections of the Indian Penal Code relating to offences such as wrongful restraint, assault, and criminal intimidation. The prosecution alleged that on 2 August 2025 the accused forcibly entered the informant's house, assaulted the family and stole a gold chain. The petitioners contended they were innocent, asserting that the incident stemmed from a land dispute and that the allegations were vague, general and omnibus with no specific overt act attributed to them, and they have clean antecedents. The State and the informant opposed the bail. Considering the lack of specific allegations, the existence of a counter‑case, and the petitioners' clean record, the Court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bihar Negotiable Instruments (B.N.S.) Act.
Issues considered
- Whether anticipatory bail should be granted in a case where the allegations are general and omnibus.
- Whether the existence of a land dispute and clean antecedents justify bail despite serious IPC charges.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 303(2), 351(2), 352
Subjects
- anticipatory bail
- Indian Penal Code
- general allegations
- land dispute
- clean antecedents
- Section 482(2) B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82864 of 2025
Arising Out of PS. Case No.-276 Year-2025 Thana- OBRA District- Aurangabad
======================================================
1. Bijendra Singh @ Vijendra Singh son of Munarik Singh Resident of Village-
Shrigauraiya, Ps- Obra, Dist- Aurangabad
2. Munarik Singh Son of Late Virodhi Singh Resident of Village- Shrigauraiya,
Ps- Obra, Dist- Aurangabad
3. Manish Kumar Son of Bijendra Singh @ Vijendra Singh Resident of
Village- Shrigauraiya, Ps- Obra, Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Aman Vishal, Advocate
For the State : Mr. Nirmal Kumar Sinha, APP
For the Informant : Ms. Malti Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioners, learned A.P.P. appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 190,
191(2), 115(2), 126(2), 117(2), 109(1), 352, 351(2) and 303(2)
of the B.N.S..
3. As per prosecution case, it is alleged that on
02.08.2025 at about 8:30 PM, all the F.I.R. named accused
persons, including these petitioner, forcibly entered the house
of informant, abused them and assaulted informant and his
Patna High Court CR. MISC. No.82864 of 2025(2) dt.05-01-2026
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family members and also snatched gold chain from neck of
family members of informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, on account of
land dispute between the parties, a free fight took place in which
both sides sustained injuries. There is case and counter-case.
Allegation of assault is general and omnibus and no specific
accusation of overt act has been alleged against these
petitioners. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties and clean antecedents of the
petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.82864 of 2025(2) dt.05-01-2026
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amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Aurangabad in connection with Obra P.S.
Case No. 276 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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