Patna High Court
Bajrangi Singh @ KhakhoranversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 482(2)
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
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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
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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
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