Patna High Court
Shailendra Kumar Singh @ Shailendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Shailendra Kumar Singh, applied for anticipatory bail in connection with a police case alleging that he instigated his son to stab a victim, resulting in death. The prosecution alleged offences under Sections 126(2), 127(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS, 2023, claiming the petitioner’s role in the murder. The petitioner argued that he was falsely implicated, that the FIR was lodged four days after the incident, that the injuries were minor and the victim died due to lack of treatment, and that there was a prior land and political dispute. The court examined the gravity of the alleged offences, the petitioner’s presence in the FIR, and the lack of a solid case under Sections 109 and 103 BNS. Finding the allegations serious and the petitioner named in the FIR, the court declined to grant anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the alleged offences.
- Whether the allegations under Sections 109 and 103 BNS constitute a sufficient case for bail.
- Whether the four‑day delay in lodging the FIR affects the grant of anticipatory bail.
- Whether the gravity of the alleged murder offence precludes anticipatory bail.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 126(2), 127(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- murder
- instigation
- FIR delay
- political dispute
- gravity of offence
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24031 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Shailendra Kumar Singh @ Shailendra Singh Son of Keshav Singh Resident
of village-Kausar, PS-Raghunathpur, District-Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra
For the Opposite Party/s : Mr. Renuka Ratnakar (App 125)
For the Informant : Mr. Chandra Kant, Adv.
: Mr. Navin Kumar, Adv.
: Ms. Karnika Sristi Kumar, Adv.
: Mr. Subhash Kumar Tiwari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Raghunathpur Police Station Case No. 287 of 2025,
disclosing offences under Sections 126(2), 127(2), 115(2), 109,
352, 351(2), 3(5) of the BNS, 2023.
3. As per the prosecution case, the petitioner, along
with his son and others, restrained the informant’s son and, upon
the petitioner’s instigation, his son stabbed the victim in the
chest with intent to kill.
4. Learned Counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.24031 of 2026(2) dt.22-04-2026
2/2
present case with only a vague allegation of instigation and no
case made out under Sections 109 and 103 BNS. There is delay
of four days in lodging the FIR. Injuries are simple in nature as
per the injury report of PHC, Siwan, and the victim died due to
lack of proper treatment. There is previous land and political
dispute between the parties. Petitioner is having no criminal
antecedent.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the gravity of
offence and the fact that the petitioner is named in the FIR, I am
not inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, rejected.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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