Ajay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29832 of 2026 Arising Out of PS. Case No.-473 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Ajay Kumar Singh, S/o Ram Surat Singh, R/o Village-Bhatpurwa or Bharpurwa, P.S. - Dinara, Dist. - Rohtas.
... ... Petitioner
Versus
1.
The State of Bihar 2.
Yogendra Singh, S/o Shree Vishwanath Singh, R/o Village - Kochas, P.O. and P.S. - Kochas, Dist. - Rohtas.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Babu Nandan Prasad, Advocate For the State :
Md. Matloob Rab, APP For the Complainant :
Mr. Pramod Kumar Singh, Advocate Mr. Shashikant, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-07-2026 Heard the parties.
2. The accused/petitioner is named in the complaint and apprehending his arrest in connection with Complaint Case No.473 of 2023 in which cognizance has been taken for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
3. It is a private complaint arising out of land dispute, where summon was issued by the Court.
4. Considering the legal ratio of Hon'ble Supreme Court as available through Om Prakash Chhawnika @ Om Prakash Chabnika vs. State of Jharkhand and Another
Patna High Court CR. MISC. No.29832 of 2026(4) dt.24-07-2026 2/2 [2026 SCC OnLine SC 676], as police has no power to arrest in the case of private complaint subject to exception of Section 87 of the CrPC, accordingly, the prayer of anticipatory bail as preferred by the petitioner stands rejected, being not maintainable in want of apprehension of arrest.
5. However, if petitioner surrenders before the learned trial court, his prayer of bail be decided in accordance with observation made by Hon'ble Supreme Court in Om Prakash Chhawnika @ Om Prakash Chabnika's case (supra).
(Chandra Shekhar Jha, J.) Sanjeet/- U T