Samresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2729 of 2026 Arising Out of PS. Case No.-386 Year-2024 Thana- BUXAR District- Buxar ====================================================== 1.

Samresh Singh Son of Ram Pravesh Singh R/o Village - Swetnagar near DAV School, P.S. - Buxar(Nagar), Dist. - Buxar. 2.

Rohit Patel Son of Shri Ram Choudhary R/o Vill. - Mitralok Colony P.S. Buxar(Muffasil), Dist. - Buxar.

3.

Arvind Kumar Singh Son of Baleshwar Singh R/o Dhobighat Gali No. 04, P.S. - Buxar(Town), Dist. - Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Devi W/o Late Anil Singh R/o Koirpurva, P.S. - Buxar(Town), Dist. - Buxar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-02-2026 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Buxar (Town) P.S. Case No. 386 of 2024, registered for the offences punishable under Sections 406, 420, 323, 354(B), 504, 506/34 of the Indian Penal Code.

3. Allegedly, the deceased husband of the informant was involved in the sale and purchase of land with the accused. However, after the death of the informant's husband, the petitioners were putting pressure upon the informant and trying to grab the land. For the said purpose, on 18.06.2023 the

Patna High Court CR. MISC. No.2729 of 2026(2) dt.04-02-2026 2/3 petitioners along with others came to the house of the informant and threatened with dire consequences. Subsequently, on 25.03.2024 the petitioners along with others came there and started misbehaving. The petitioner No. 3 also put his pistol over the head of the informant. On hulla being raised, the petitioners succeeded in fleeing away after giving threatening. 4.Learned Advocate for the petitioners referring to the FIR contended that from the prosecution case it is evident that the alleged occurrence took place on 25.03.2024 and for the first time the complaint case came to be filed on 16.04.2024 which was later on sent to the concerned Police Station under Section 156(3) of the Code of Criminal Procedure and accordingly the FIR is instituted.

Besides the omnibus allegation, the delay in lodging of the FIR has not been explained. The present case is nothing but instituted on account of previous animosity. So far the petitioners are concerned, they bear fair antecedent and undertake that they will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that there is specific accusation against the petitioners of causing assault and threatening to grab the land, besides the allegation of

Patna High Court CR. MISC. No.2729 of 2026(2) dt.04-02-2026 3/3 misbehaving.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the nature of allegation, coupled with the delay in lodging of the complaint/FIR, besides the fair antecedent of the petitioners, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar/Successor court in connection with Buxar (Town) P.S. Case No. 386 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) Anjani/- U T