Patna High Court
Anil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Anil Kumar Singh was arrested in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and his family and threatening them. The petitioner contended that he was falsely implicated due to a land‑dispute with the informant and that he has no prior criminal record. He filed a bail application, undertaking to cooperate with the investigation, while the State opposed the relief. The court examined the FIR, the petitioner’s claim of innocence, the pending civil suit, and the absence of antecedents. Considering these circumstances, the court granted bail subject to a bond of Rs.10,000 and two sureties, to be surrendered within six weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- Section 482
- preventive detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88835 of 2025
Arising Out of PS. Case No.-571 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Anil Kumar Singh S/o Devendra Prasad Singh @ Bhulan Singh Resident of
Village - Jurabanpur, Gopalpur, P.S - Biddupur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Chandra, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 117(2), 109, 352,
351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., petitioner and his son Amit
Kumar Singh abused and assaulted the informant and his family
members due to which, they sustained injuries. The accused
persons also threatened the informant with dire consequences.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to previous enmity.
Further submission is that there is a dispute with regard to
ancestral land between the parties due to which petitioner has
Patna High Court CR. MISC. No.88835 of 2025(2) dt.09-01-2026
2/2
filed a case bearing Title Suit No. 1026 of 2024 which is
pending before the Court concerned. Specific allegation of
assault on the head of the informant with rod is against co-
accused Amit Kumar Singh. There is case and counter case
between the parties. Petitioner has got no criminal antecedent
and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioner be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-I,
Vaishali at Hajipur in connection with Biddupur P.S. Case No.
571 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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