Patna High Court
Vijay Shankar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Vijay Shankar Singh, applied for anticipatory bail in a case (PS Case No. 466 of 2025) involving multiple offences under the B.N.S., including assault and murder. The FIR alleged that a co‑accused, Ankit Singh, inflicted a fatal assault on the deceased with an iron rod, while the petitioner was alleged to have assaulted Anup, causing only a simple head wound. The State and the informant opposed bail, arguing the petitioner could be implicated in the death and there were general allegations of assault. The court examined the specific allegations, noting that the petitioner’s alleged injury was simple and that he had no prior criminal record. Considering these facts, the court granted anticipatory bail, subject to a bond of Rs.10,000, two sureties, a family member as a bailor, and conditions of cooperation with the investigation, with the provision for cancellation on non‑cooperation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged, including murder.
- Whether the specific allegation against the petitioner (simple injury to Anup) is sufficient to justify bail.
- Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are appropriate.
Legislation cited
- B.N.S. — s. 103, 109(1), 109(2), 118(2), 126(2), 191(1), 191(2), 351(2), 352
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- murder
- general and omnibus allegation
- bail conditions
- co‑accused
- injury report
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19533 of 2026
Arising Out of PS. Case No.-466 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Vijay Shankar Singh S/O Late Baijnath Singh R/O Village - Derwan, P.S-
Kudra, District- Kaimur Bhabhua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv.
Mr. Rakesh Singh, Adv.
For the Informant Mr. Naval Kishore Singh, Adv.
For the State : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned senior counsel for the petitioner,
learned counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 109(1),
109(2), 191(1), 191(2), 118(2), 126(2), 352, 351(2) of the
B.N.S. and later on Section 103 of the B.N.S. has been added.
3. Petitioner along with other accused persons are said
to have assaulted the informant and his son.
4. Learned counsel for the petitioner submits that
from perusal of the First Information Report it would appear
that the specific allegation with regard to assault upon the
deceased Shri Ram Singh is on co-accused Ankit against whom
the allegation is that he made indiscriminate assault by means of
Patna High Court CR. MISC. No.19533 of 2026(2) dt.06-04-2026
2/3
iron rod upon the deceased causing him bleeding injuries and
making him go unconscious. So far as the petitioner is
concerned, there is general and omnibus allegation against him.
The specific allegation against the petitioner is confined to
assaulting Anup by means of iron rod causing head injury to
him. The injury report of the said Anup has been brought on
record by way of Annexure-2 series which indicates that he has
received one lacerated wound on his head which has been found
to be simple in nature. It has rather been submitted that in a case
of free fight between the parties, it was only the petitioner who
received several injuries (Annexure-4 serious) including one
injury to be grievous in nature. Further, the petitioner has no
criminal antecedent.
5. Learned APP for the State and learned counsel for
the informant have opposed the application for anticipatory bail
on the ground that one person has been done to death and there
are general and omnibus allegations also of assault as such the
petitioner’s role in causing some assault upon the deceased
cannot be ruled out.
6. Taking into consideration the facts and
circumstances and also considering the fact that the specific
allegation of assaulting the deceased leading to his death is
Patna High Court CR. MISC. No.19533 of 2026(2) dt.06-04-2026
3/3
upon co-accused Akit Singh and the specific allegation of injury
being caused at the hand of the petitioner has been produced
only simple injury, let the above named petitioner in the event of
his arrest or surrender before the learned Court below within a
period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Kudra P.S. Case No. 466 of 2025, subject to
the condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S., subject to the conditions that:
(I) One of the bailors would be the family member
or relative.
(II) The petitioner is directed to cooperate in the
investigation/trial and in case non-cooperation by the petitioner,
the prosecution would be at liberty to file an application for
cancellation of bail of the petitioner.
(Soni Shrivastava, J)
devendra/-
U T
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