Patna High Court
Bharat Singh @ Bharat Singh MauryaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
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
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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
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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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