Patna High Court
Vindhyachal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 3(5), 351(2), 352
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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