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Patna High Court

Anil Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to both petitioners subject to bond and conditions.

Summary

Anil Kumar Singh and his daughter Archana Kumari applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Substantive (BNS) Act for allegedly obstructing police duties and assault. The FIR alleged that the daughter made a video when police inquired about her brother, while the father was accused of inciting others to stop police work; the assault allegation pertained to another individual, Narendra Singh, who is already in custody. The petitioners argued they have no criminal antecedents and the alleged assault does not involve them. The State opposed the bail. Considering the lack of direct assault allegations against the petitioners and their clean records, the court granted anticipatory bail, imposing a bail bond of Rs 10,000 each with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023, along with a requirement to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite allegations of obstructing police duties.
  • Whether the petitioners pose a risk of absconding, tampering with evidence, or influencing witnesses.
  • Applicability of Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023 in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • obstruction of police
  • assault
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • Bihar
  • no prior criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88837 of 2025
                    Arising out of PS. Case No.-120 Year-2025 Thana- PARASBIGHA District- Jehanabad
                 ======================================================
           1.     Anil Kumar Singh S/o Late Raghupati Singh R/o Village- Turkaul, P.S-
                  Paras Bigha, Dist- Jehanabad.
           2.    Archana Kumari D/o Anil Kumar Singh R/o Village- Turkaul, P.S- Paras
                 Bigha, Dist- Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s:       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioners have preferred their application for

                   grant of anticipatory bail apprehending their arrest in connection

                   with Parasbigha P.S. Case No. 120 of 2025 registered under sec-

                   tions 126(2), 115(2), 132, 61(2), 352, 121(1), 121(2), 74, 75,

                   221 and 3(5) of BNS.

                                3. The allegation in the First Information Report is

                   that the accused persons including the present petitioners ob-

                   structed the police personnel from doing their official duty and

                   also indulged in some assault.

                                4. Learned counsel for the petitioners submits that it
           Patna High Court CR. MISC. No.88837 of 2025(2) dt.15-01-2026
                               2/3




would be apparent from the First Information Report itself that

insofar as Petitioner No. 2 is concerned, the allegation upon her

is that of making a video while the police had come to their

house asking about whereabouts of her brother and so far as Pe-

titioner No. 1 is concerned, it is confined to inciting other per-

sons in order to stop the police from doing their duty. So far as

specific allegation of assault is concerned, the same has been al-

leged against one Narendra Singh who was taken into custody.

Learned counsel for the petitioners has also submitted pointing

out to the supplementary-affidavit that the injuries received by

the injured persons are simple in nature caused by hard and

blunt substance.

          5. The application for anticipatory bail is opposed by

learned A.P.P. for the State.

          6. Taking into consideration the facts and circum-

stances of the case and considering the fact that there are no al-

legations of any assault upon these petitioners and there is alle-

gation of assault upon Narendra Singh who has already been

taken into custody, let the petitioners, above named who are fa-

ther and daughter and they have no criminal antecedents, in the

event of their arrest or surrender before the learned Court below

within a period of four weeks, be released on anticipatory bail in
                       Patna High Court CR. MISC. No.88837 of 2025(2) dt.15-01-2026
                                           3/3




           connection with Parasbigha P.S. Case No. 120 of 2025 on fur-

           nishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each

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

           the learned Judicial Magistrate, 1st Class, Jehanabad subject to

           the condition laid down under Section 438(2) of the Code of

           Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and

           subject to the further condition that they shall co-operate in in-

           vestigation/trial.


                                              (Soni Shrivastava, J)
Vikash/-

U      T


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