IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55865 of 2026 Arising Out of PS. Case No.-750 Year-2023 Thana- GAURICHAK District- Patna ====================================================== 1. Parma Nand Singh @ Parma Nand Rai, Son of Late Suryanarayan Rai, Resident of Village- Jankapur, P.S. -Gaurichak, District -Patna, Bihar 2. Swami Nand Yadav @ Swami Nandan yadav, son of Late Suryanarayan Rai, Resident of Village- Jankapur, P.S. -Gaurichak, District -Patna, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Utkarsh Pathak, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend arrest in connection with Gaurichak P.S. Case No. 750 of 2023 lodged on 30.12.2023, for the offence punishable under Sections 147, 149 and 307 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959. 3. As per the prosecution case, the FIR has been lodged against nine named accused persons, including the present petitioners, alleging that all the accused persons reached the plot in question, which was the subject matter of a title suit, Patna High Court CR. MISC. No.55865 of 2026(2) dt.19-08-2026 2/4 with an intention to forcibly take possession of the land. It is further alleged that, apprehending danger to his life and safety, the informant fled from the place of occurrence and thereby saved himself. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that, from the contents of the FIR, it is evident that the dispute between the parties is essentially a land dispute. He further submits that the plaint of the title suit, annexed with the bail application, clearly shows that the petitioners are parties to the said suit. Learned counsel further submits that, in respect of the same date and place of occurrence, two criminal cases have been instituted between the parties. One is Gaurichak P.S. Case No. 750 of 2023, in which the petitioners are seeking bail, and the other is Gaurichak P.S. Case No. 751 of 2023, which has been instituted at the instance of the petitioners' side. He submits that the petitioners had earlier approached the learned Sessions Court for grant of anticipatory bail, which was rejected, and thereafter they filed the present anticipatory bail application. Learned counsel submits that the petitioners have no criminal antecedent and their antecedents are clean. He further submits that the petitioners are ready and willing to Patna High Court CR. MISC. No.55865 of 2026(2) dt.19-08-2026 3/4 abide by any condition that may be imposed by this Court. 5. Learned counsel for the State opposes the prayer for anticipatory bail and submits that the present case was instituted in the year 2023 and the petitioners have approached this Court after a lapse of about three years. However, he fairly submits that the dispute between the parties is essentially a land dispute and that there is a case and counter-case between the parties. 6. As such, in the facts and circumstances of the present case, and having regard to the pending land dispute between the parties, coupled with the fact that there is a case and counter-case between them, let the above-named petitioners be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of learned ACJM, Patna City, Patna, in connection with Gaurichak P.S. Case No. 750 of 2023, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023 with further conditions that: i. the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty Patna High Court CR. MISC. No.55865 of 2026(2) dt.19-08-2026 4/4 to take steps for cancellation of the bail bonds. ii. one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide; and iii. the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bonds by the Trial Court itself. Ashwini/anjali/- (Dr. Anshuman, J) U T