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Patna High Court

Vijay Shankar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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