Patna High Court
Chandan Singh @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioner under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Chandan Singh, filed a bail petition after being implicated in a criminal case (PS Case No. 246 of 2025) for alleged offences under sections 76, 352 and 329(3) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The prosecution alleged that the petitioner entered the informant’s house on 7 August 2025, misbehaved with her and attempted molestation before fleeing. The petitioner contended that the case was false and motivated by a land‑dispute involving his ancestral property, asserting that the informant and her relatives filed the complaint out of revenge. He highlighted his clean antecedent and the absence of any prior criminal record. The court, after considering the petitioner's clean antecedent, the nature of the allegations, and the provisions of section 482(2) of the BNS, ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to the conditions prescribed. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether bail can be granted under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case involving alleged offences under sections 76, 352 and 329(3).
- Whether the petitioner’s claim of a false case arising from a land dispute and his clean antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 329(3), 352, 482(2), 76
Subjects
- bail
- false case
- land dispute
- clean antecedent
- Bharatiya Nagarik Suraksha Sanhita
- sections 76, 352, 329(3)
- section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85015 of 2025
Arising Out of PS. Case No.-246 Year-2025 Thana- KATORIYA District- Banka
======================================================
Chandan Singh @ Chandan Kumar Son of Late Birendra Kumar Singh @
Late Birendra Singh Resident of Thana Road, opposite to Referral Hospital,
Katoria, P.S.-Katoria, District- Banka, Bihar- 813106
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hasnain Haider , Advocate
For the Opposite Party/s : Mr. Renuka Ratnakar , (App125)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 76, 352 and 329 (3) of
BNS.
3 . The prosecution case , in brief, is that Kusum devi
alleged that on 07.08.2025 , this petitioner entered into the
house of informant and misbehaved with her and tried to molest
her and upon hulla, he fled away .
4. It is submitted on behalf of the petitioners that
petitioner has falsely been made accused in this case due to land
dispute . As a matter of fact, petitioner has ancestral land
bearing Khata No. 22 , Khesra No. 1758/4221, Jamabandi No.
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120, Mauza – Bhasbedi. This property has not been partitioned,
despite this, the in -laws of the informant and one Subodh Singh
have sold some portion of above named ancestral property to
their respective family members. When the petitioner came to
know about this fact, he at first revolted against the issue , while
other co-sharer, filed a complaint before Circle Officer, Katoria,
District- Banka . On the order of Circle Officer, the Revenue
staff visited the plot and the Mutation on the above sold
properties could not be done . In order to take revenge over the
failure of Mutation, the informant, on being instigated by her
family members, lodged a false case against this petitioner. It is
further submitted that due to aforesaid land dispute , the
relationship between two families, petitioner and informant died
not remain cordial and taking advantage of the same , this
petitioner has falsely been implicated in this case by the
informant. Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
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bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief
Judicial Magistrate Banka in connection with Katoria P.S. Case
No. 246 of 2025 , subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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