Bhushan Singh @ Shashi Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36141 of 2026 Arising Out of PS. Case No.-32 Year-2026 Thana- TETERHAT District- Lakhisarai ====================================================== Bhushan Singh @ Shashi Bhushan Singh S/o Late Kirandeo Singh Resident of Village- Sharma, P.S.- Teterhat, Dist- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-06-2026 The Court proceeding is being conducted through virtual mode.

2. Heard Learned Counsel for the petitioner and Learned APP for the State.

3. The petitioner is apprehending arrest in connection with Tetarhat P.S. Case No.32 of 2026 lodged on 18.02.2026, for the offences punishable under Sections 115(2), 126(2), 303(2), 74, 109(1), 329(4), 351(2), 352, 3(5) of the B.N.S., 2023.

4. As per the prosecution, FIR has been lodged against eight named accused persons including the present petitioner with allegation that they had assaulted by iron rod upon the informant due to which he received injuries and went to hospital.

Patna High Court CR. MISC. No.36141 of 2026(2) dt.02-06-2026 2/3

5. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The specific plea has been taken by the petitioner that the informant and petitioner's side are agnates having common ancestors and long pending partition dispute is going on between them, which resulted into series of criminal litigation about which mentioning has been made in paragraph 3 of the bail petition.

6. Counsel further submits that the series of cases are pending before the Revenue Court also for proper share distribution and measurement. He further submits that the content of FIR clearly indicates that dispute has taken place at the time of measurement of the said land. He further submits that since both are coparceners, informant's side are not inclined for proper measurement due to this reason, scuffling took place and injury caused.

7. Counsel further submits that other co-accused person has been granted bail by the Co-ordinate Bench of this Court vide order dated 21.05.2026 passed in Cr. Misc. No.35560 of 2026.

8. Counsel submits that the criminal antecedent of the petitioner is not clean as there are six criminal cases pending against him in which in two cases, he has been acquitted and in

Patna High Court CR. MISC. No.36141 of 2026(2) dt.02-06-2026 3/3 rest cases, he is on bail. He further submits that all the cases have been lodged under section 379/34 of the IPC i.e., theft of agricultural product of the said land.

9. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean. He further submits that the scuffling took place for the measurement of land between the coparcener and injuries are simple in nature.

10. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of ACJM-III, Lakhisarai, in connection with Tetarhat P.S. Case No.32 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Prakashmani/- U T