Supreme Court finds second anticipatory bail petition maintainable, reverses order by Justice Prabhat Kumar Singh

 

In Digvijay Narayan vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices J.K. Maheshwari and Atul S. Chandurkar passed a 4-page long order dated May 4, 2025, wherein, it reversed the order dated February 9, 2026 by Justice Prabhat Kumar Singh of Patna High Court. While issuing notice on April 7, 2026, by way of interim relief, the Supreme Court had issued direction for not taking coercive steps subject to cooperation in the investigation. 

The Court's order reads:"....we deem it appropriate to confirm the order of interim protection and deem it appropriate to release the petitioner on anticipatory bail....we direct that in the event of arrest, the petitioner shall be released on bail on furnishing suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the Station House Officer of the concerned police station." 

Justice Singh's order had dismissed the second anticipatory bail petition as not maintainable, relying on the judgment of the Supreme Court in of G.R. Ananda Babu vs. State of Tamil Nadu & Anr. reported in 2021 SCC OnLine SC 176.  The petitioner had approached the Court apprehending his arrest in connection with a FIR dated November 29, 2024 registered at Police Station Industrial Area, District Vaishali, for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860.  

Justice Singh's order dated August 27, 2025 with respect to the first anticipatory bail application had rejected it. It recorded the prosecution case, wherein, it was alleged that the petitioner, along with other accused persons, had fraudulently mutated the land of informant in the name of others on the basis of forged and fabricated documents. The counsel of petitioner had submitted that petitioner was quite innocent and had committed no offence. the petitioner was falsely implicated in this case merely because at the relevant time, the petitioner was posted as Revenue Clerk. The order had noted that the petitioner had two criminal antecedents. The order reads: "6. Considering the facts and circumstances of the case, nature of accusation and criminal antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is rejected."

Supreme Court's order has directed the petitioner to join the investigation as and when required and co-operate in the same abiding all the conditions as specified under Section 438(2) of the Cr.P.C./Section 482 of BNSS.