IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29965 of 2026 Arising Out of PS. Case No.-838 Year-2025 Thana- AMARPUR District- Banka ====================================================== 1. Sitaram Singh S/O Late Bachcho Singh R/O Village-Kamdeopur, PS- Amarpur, Distt-Banka 2. Nigam Singh @ Nirmal Kumar Singh @ Nirmal Singh S/O Sitaram Singh R/O Village-Kamdeopur, PS-Amarpur, Distt-Banka 3. Digam Singh @ Vijay Kumar Singh @ Vijay Singh S/O Sitaram Singh R/O Village-Kamdeopur, PS-Amarpur, Distt-Banka 4. Babloo Singh @ Gopal Kumar Singh @ Gopal Singh S/O Late Bachcho Singh R/O Village-Kamdeopur, PS-Amarpur, Distt-Banka 5. Gita Devi W/O Babloo Singh @ Gopal Kumar Singh @ Gopal Singh R/O Village-Kamdeopur, PS-Amarpur, Distt-Banka ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 06-05-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. In the present case, the petitioners are apprehending their arrest in connection with Amarpur P.S. Case No. 838 of 2025, dated 21.11.2025, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 74, 303(2), 352 and 351(2) read with Section 3(5) of the B.N.S., 2023. 3. As per prosecution case, petitioners and other co- accused persons in the background of land dispute abused and assaulted the informant, his father, his brother, his mother and Patna High Court CR. MISC. No.29965 of 2026(2) dt.06-05-2026 2/4 his sisters-in-law, causing a number of injuries to them. They also snatched gold chain and took away rupees four thousand. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Both the parties are agnates and the true facts of the case are that the informant parked his motorcycle on the land of the petitioners and when they requested him to remove the motorcycle as tilak ceremony was going to take place in their house, the informant and his family members abused the petitioners and refused to remove their motorcycle and also assaulted the petitioners’ side with lathi, danda and sword. Learned counsel further submits that though there is allegation against petitioner no. 1 that he gave farsa blow on the head of the informant, injury report falsifies this allegation as no injury was found on the head of the informant and only a lacerated wound of size 4” x 1 cm was found over right leg with tender swelling of size 2” x 2” over left hand. Similarly, the father of the informant has received injury at the hands of a number of persons as alleged, but injury report shows only a tender swelling with bleeding of size 4” x 2” over parietal region of head over both sides, apart from tenderness over right hand and an incised wound with amputated thumb from distal phalanx of Patna High Court CR. MISC. No.29965 of 2026(2) dt.06-05-2026 3/4 right hand. However, there is no allegation for severing the thumb of the father of the informant and it is not believable that a number of persons assaulted the father of the informant and he received only tender swelling with bleeding over his head. Learned counsel further submits that there is counter version and Amarpur P.S. Case No. 838 of 2025 has been instituted by petitioner no. 1 much earlier than the institution of case of informant. A numbers from the petitioners’ side have also received injury which remained unexplained. Learned counsel lastly submits that petitioners are having clean antecedent. 5. Learned APP opposes the submissions made on behalf of the petitioners. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the earlier instituted counter version of the petitioners and also considering the background of land dispute and the relationship of the parties and possibility of false accusation, let the petitioners, above-named, in the event of their arrest or surrender before the Court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Patna High Court CR. MISC. No.29965 of 2026(2) dt.06-05-2026 4/4 Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 838 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned trial Court. Shahnawaz/- (Arun Kumar Jha, J) U T