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Patna High Court

Vindhyachal SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Vindhyachal Singh, sought anticipatory bail in connection with a FIR alleging assault, use of iron rod, and intent to kill the informant, under several sections of the Indian Penal Code. He claimed innocence, asserting that the dispute was a land matter and that the injuries were minor, and highlighted his clean criminal record. The State opposed the bail, emphasizing the specific allegation of assault with an iron rod. The court considered the petitioner’s lack of prior convictions, the nature of the allegations, and the submissions of counsel. It ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The order was pronounced by Justice Ramesh Chand Malviya.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused of offences under Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of the IPC.
  • Whether the petitioner’s clean antecedent and the nature of the alleged offences justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • assault
  • land dispute
  • bail bond
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29091 of 2026
                      Arising Out of PS. Case No.-461 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Vindhyachal Singh, aged about-65 years, male, S/O Late Parikha Singh R/O
                 Village- Ithat, P.S- Barun, Distt.- Aurangabad (Bihar).
                                                                                ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rahul Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
             ======================================================
         CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                   ORAL ORDER

2   06-05-2026                         Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Barun P.S. Case No. 461 of 2025 registered for

                   the offences punishable under Sections 126(2), 115(2), 109, 352,

                   351(2), 3(5) of the BNS.

                                   3. As per allegation in the FIR, the petitioner along

                   with other co-accused persons came near the house of the

                   informant and started abusing and assaulting him with the

                   means of iron rod, stick and bricks with the intention of killing

                   him after which he got injured.

                                   4. Learned counsel for the petitioner submits that

                   petitioner is innocent has committed no offence and has falsely

                   been implicated in this case. He submits that there is admitted

                   land dispute between the parties and there is case and counter-

                   case between the parties. He next submits that all the injuries of

                   the injured are simple in nature. He further submits that
             Patna High Court CR. MISC. No.29091 of 2026(2) dt.06-05-2026
                                                         2/2




                       petitioner has got clean antecedent as stated in para-3 of the bail

                       petition.

                                       5. Learned APP for the State opposes the prayer for

                       anticipatory bail of the petitioner and submits that there is direct

                       and specific allegation against the petitioner that he has

                       assaulted the informant with means of iron rod.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and submissions made by learned counsel for the

                       petitioner and also the fact that petitioner has got no criminal

                       antecedent as stated in para-3 of the bail petition, let the above

                       named petitioner be released on anticipatory bail in the event of

                       his arrest or surrender before the Trial Court within a period of

                       six weeks from today on furnishing bail bond of Rs. 10,000/-

                       (Ten thousand) with two sureties of the like amount each to the

                       satisfaction learned Chief Judicial Magistrate, Aurangabad in

                       connection with Barun P.S. Case No-461 of 2025 subject to the

                       conditions as laid down under Section 482(2) of the BNSS.



                                            (Ramesh Chand Malviya, J)
Harshita/-

U       T


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