Patna High Court
Shailanath Singh @ Shilanath RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioners, Shailanath Singh and Dilip Singh, aged 67 and 64, applied for anticipatory bail in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) alleging assault with a sharp-edged weapon. The prosecution alleged that the petitioners, along with co‑accused Shashi Singh, surrounded an informant and that Shashi Singh assaulted the informant, causing injury. The petitioners contended they were falsely implicated, had no criminal antecedent, and the specific assault allegation was against Shashi Singh, not them, highlighting a land dispute between the parties. The State opposed the bail, but the court considered the petitioners' age, lack of prior record, and the nature of the allegations. The court granted anticipatory bail, directing the petitioners to surrender within six weeks and furnish bail bonds of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita given the allegations of assault and the circumstances of the case
- Whether the petitioners' age, lack of criminal antecedent, and the specific allegation against a co‑accused justify the grant of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 118(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- B.N.S.
- Section 482
- criminal procedure
- age factor
- no criminal antecedent
- land dispute
- assault with weapon
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14522 of 2026
Arising Out of PS. Case No.-54 Year-2025 Thana- RASULPUR District- Saran
======================================================
1. Shailanath Singh @ Shilanath Ray S/o Late Rajvalam Singh @ Rajbalam
Singh, Resident of Vilalge - Dohar, P.S-Rasulpur, Dist-Saran
2. Dilip Singh @ Uday Pratap Singh S/o Late Ramayan Singh, Resident of
Vilalge - Dohar, P.S-Rasulpur, Dist-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 118(2), 303(2), 351(2),
352 and 3(5) of the B.N.S.
3. As per prosecution case, on the alleged date of
occurrence, the accused persons including petitioners armed
with sharp edged weapons came and surrounded the informant.
On the orders of Sheelanath Singh, co-accused Shashi Singh
assaulted the informant with a sharp edged weapon on his head
due to which he sustained injury.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.14522 of 2026(2) dt.12-03-2026
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petitioners are innocent and have falsely been implicated in this
case. Petitioners are aged about 67 and 64 years of age
respectively. No specific allegation of assault on the informant
is attributed to the petitioners rather specific allegation of
assault is against co-accused Shashi Singh. Both parties are
agnates and there is a case and counter case between them due
to land dispute in which both sides sustained injuries. Petitioner
no.1 has also sustained grievous injury. Petitioners have no
criminal antecedent and they undertake to cooperate in the
investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case,
submissions of learned counsel for the parties, the nature of
allegations made against the petitioners and the age of
petitioners having no criminal antecedent, in the event of arrest
or surrender before the Court below within six weeks from
today, the petitioners be released on bail on furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-VI, Saran at Chapra/court concerned
in connection with Rasulpur P.S. Case No.54 of 2025, subject to
Patna High Court CR. MISC. No.14522 of 2026(2) dt.12-03-2026
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the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Harish/-
U T
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