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Patna High Court

Bharat Singh @ Bharat Singh MauryaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted pre‑arrest bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Bharat Singh, was accused in a land‑dispute related case (Krishnabraham P.S. Case No. 131 of 2025) of assaulting an informant and her family, leading to injuries. He applied for pre‑arrest bail, arguing that the injury he caused was simple, the co‑accused caused a grievous injury, and that he has a fair antecedent and a legitimate claim to the land. The State opposed bail, contending that the petitioner’s assault resulted in a grievous injury to the informant. The court considered the nature of the accusations, the long‑standing land dispute, and the petitioner’s clean record, and held that bail could be granted with conditions. Accordingly, the petitioner was ordered to be released on bail upon furnishing a Rs.10,000 bond with two sureties, one of whom must be a close family member, subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in view of the alleged assault and land‑dispute context
  • Whether the nature and severity of the injuries alleged against the petitioner justify denial of bail

Legislation cited

Subjects

  • pre‑arrest bail
  • land dispute
  • assault
  • injury
  • criminal procedure
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85686 of 2025
                     Arising Out of PS. Case No.-131 Year-2025 Thana- Krishnabraham District- Buxar
                 ======================================================
                 Bharat Singh @ Bharat Singh Maurya Son of Suresh Singh @ Suresh Kumar
                 Singh Maurya R/o Village - Barka Dhakaich, P.S. - Krishnabraham, Dist. -
                 Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar Gupta, Adv.
                 For the Opposite Party/s :        Mrs. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   05-01-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Krishnabraham P.S. Case No. 131 of 2025, registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   109, 351(2), 352 and 3(5) of the BNS.

                                3. In the morning of the fateful day, the petitioner

                   along with others went to the house of the informant and tried to

                   dispossess her on the pretext that the house has been sold to

                   them by her brother-in-law. On objection being raised, it is

                   specifically alleged that this petitioner assaulted over the head

                   of the informant, due to which she sustained head injury, besides

                   the allegation against co-accused Shatrdhan Maurya, who
Patna High Court CR. MISC. No.85686 of 2025(2) dt.05-01-2026
                                            2/3




          assaulted over her hand, due to which she sustained fracture

          injury. While the son of the informant came to her rescue, he

          was also assaulted by the accused persons.

                       4. Learned Advocate for the petitioner referring to the

          FIR contended that so far the injury, which is allegedly

          attributed to the petitioner is concerned, the same has been duly

          discussed in the impugned order and there is no doubt that the

          same is found to be simple in nature. So far the injury, which is

          attributed to co-accused Shatrdhan Maurya and found over the

          right hand, is said to be grievous in nature, however, that is also

          on non vital part. The entire occurrence has taken place in the

          premise of a land dispute, which is also evident from the long

          standing pendency of the suits and the appeals, as has been

          stated in paragraph no. 8 of the bail application. The parties are

          agnates and the land, in question, was purchased by the mother

          of the petitioner and the mutation has also been made in her

          favour. Despite the aforesaid facts, the informant and her family

          members are bickering over the land dispute, resulting into

          some free fight and unfortunate injuries. The petitioner bears

          fair antecedent.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that because
            Patna High Court CR. MISC. No.85686 of 2025(2) dt.05-01-2026
                                                        3/3




                      of the assault being made by the petitioner and his brother, the

                      informant has sustained a grievous injury.

                                    6. Regard being had to the submissions made on

                      behalf of the parties and considering the nature of accusation

                      against the petitioner, coupled with the long standing land

                      dispute, besides the fair antecedent of the petitioner, let the

                      petitioner above named be released on bail, in the event of his

                      arrest or surrender before the court below within a period of four

                      weeks from the date of receipt/production of a copy of this

                      order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Chief Judicial Magistrate, Buxar in connection with

                      Krishnabraham P.S. Case No. 131 of 2025, subject to the

                      conditions laid down in Section 482(2) of the Bharatiya Nagrik

                      Suraksha Sanhita, 2023 with the further condition that one of

                      the bailors shall be the own/close family members of the

                      petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T


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