Created by Fuzzy Cloud

Patna High Court

Bajrangi Singh @ KhakhoranversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail is granted to Petitioner No.1 but denied to Petitioner No.2.

Summary

Petitioner No.1 and Petitioner No.2 sought anticipatory bail in a case arising from a land dispute where they were alleged to have assaulted the informant’s husband and others. The FIR alleged that Petitioner No.1 assaulted with a lathi, causing non‑grievous injury, while Petitioner No.2, along with co‑accused, assaulted with an iron rod, causing grievous injury to Triveni Singh. The court noted the admitted land dispute and observed that the injury to the informant’s husband was not grievous, whereas the injury to Triveni Singh was grievous. Accordingly, the court granted anticipatory bail to Petitioner No.1 subject to bail bond conditions, but denied anticipatory bail to Petitioner No.2, directing that he may apply for regular bail if he surrenders. The order was made under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to Petitioner No.1 given the nature of the alleged injury and the land dispute.
  • Whether anticipatory bail should be granted to Petitioner No.2 in view of the alleged grievous injury caused.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • grievous injury
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88770 of 2025
                      Arising Out of PS. Case No.-64 Year-2025 Thana- PIPRIYA District- Lakhisarai
                 ======================================================
           1.     Bajrangi Singh @ Khakhoran S/O Late Jagdish Singh R/O Village-
                  Ramchandrapur, P.S- Pipariya, Distt.- Lakhisarai.
           2.    Shankar Singh @ Shankar Sharma S/O Late Suryanarayan Singh R/O
                 Village- Ramchandrapur, P.S- Pipariya, Distt.- Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rabi Bhushan, Advocate
                 For the Opposite Party/s :        Mr. Md. Ataur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                  Heard learned Counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Pipariya Police Station Case No. 64 of 2025,

                   disclosing offences under Sections 115(2), 126(2), 117(2),

                   109(1), 303(2), 351(2) and 3(5) of B.N.S., 2023.

                                3. The prosecution case, as per the First Information

                   Report, is that petitioner no. 1 assaulted the informant’s husband

                   and others with lathi and petitioner no. 2 along with co-accused

                   Ramchandra Singh assaulted Triveni Singh and Sudhir Singh

                   with iron rod and due to which their hand and leg got fractured.

                                 4. Learned Counsel for the petitioners submits that
Patna High Court CR. MISC. No.88770 of 2025(2) dt.15-01-2026
                                            2/3




          from perusal of the FIR and Annexure-2, it would be evident

          that there is land dispute between both the parties. From perusal

          of the injury, discuss in the impugned order, it appears that

          husband of the informant has not received any grievous injury.

          However, the injury caused to Triveni singh which is

          attributable to petitioner no. 2, it has been mentioned in the

          impugned order that injury sustained by him is grievous in

          nature. The occurrence has taken place due to admitted land

          dispute.

                       5. Having regard to the submissions made by the

          parties and taking into consideration the fact that there is

          admitted land dispute and the injury sustained by the

          informant’s husband does not appear to be grievous in nature, I

          am inclined to grant the petitioner no. 1 privilege of anticipatory

          bail.

                       6. In so far as petitioner no. 2 is concerned, from

          perusal of the impugned order, it appears that he has caused

          grievous injury to the victim Triveni Singh, I am not inclined to

          grant the petitioner no. 2 privilege of anticipatory bail and the

          same is rejected.

                       7. However, if the petitioner no. 2 surrenders before

          the concerned Court and seeks regular bail, the same may be
           Patna High Court CR. MISC. No.88770 of 2025(2) dt.15-01-2026
                                                       3/3




                     considered by the concerned Court on its own merit without

                     being prejudiced that anticipatory bail of the petitioner no. 2 has

                     been rejected by this Court.

                                  8. This application is, accordingly, allowed for

                     petitioner no. 1 only.

                                  9. Let the petitioner no. 1, above named, in the event

                     of his arrest or surrender before the Court below within four

                     weeks, be released on bail on furnishing bail bonds of Rs.

                     10,000/- (Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned Chief Judicial Magistrate,

                     Lakhisarai, in connection with Pipariya Police Station Case No.

                     64 of 2025, subject to the condition laid down under Section

                     482 (2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.