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Patna High Court

Devendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants anticipatory bail to the petitioner subject to conditions prescribed under Section 438(2) of the Cr.P.C.

Summary

Devendra Singh, a 75‑year‑old man with no prior criminal record, sought anticipatory bail in connection with a 2018 FIR alleging his participation in an assault during Chhath Pooja, charged under sections 147, 148, 149, 341, 337, 308 of the IPC and section 27 of the Arms Act. The State opposed the bail on the ground of the delay in filing the application and the seriousness of the offences. The petitioner argued his advanced age, lack of antecedents, and willingness to cooperate with the trial. The Court, considering these factors, decided to grant anticipatory bail but imposed strict conditions, including a cash bail, sureties, regular appearances before the trial court and police, and prohibitions against tampering with evidence. The order was made under Section 438(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the delay in filing and the nature of the offences charged.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • IPC offences
  • Arms Act
  • age factor
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30437 of 2026
                       Arising Out of PS. Case No.-781 Year-2018 Thana- DANAPUR District- Patna
                 ======================================================
                 Devendra Singh S/o Late Rajgir Singh Resident Of Ashopur, Asopur, Ps-
                 Danapur, Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-05-2026                    Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Danapur P.S. Case No. 781 of 2018 for the offence

                   registered under sections 147, 148, 149, 341, 337, 308 of the

                   IPC and 27 of the Arms Act.

                                3. As per the prosecution story, the informant alleged

                   that during the Chhath Pooja while the informant was serving

                   the devotees, upon return, allegation is that host of people

                   assaulted him, this included the petitioner. This led to the FIR.

                                4. Learned Counsel for the petitioner submits that he

                   is 75 years old person, omnibus allegation is there, he do not

                   have criminal antecedent and if granted relief, shall be diligently

                   appearing in trial.
Patna High Court CR. MISC. No.30437 of 2026(2) dt.13-05-2026
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                       5. Learned APP for the State, on the other hand,

          opposes the prayer for anticipatory bail submitting that he has

          delayed coming to the Court, the FIR being of the year 2018.

                       6. Learned counsel for the petitioner opposes the

          prayer submitting that allegation of assault is against everyone

          including the petitioner.

                       7. Taking into account the submissions of the parties

          as also that the petitioner is an aged person having no criminal

          antecedent, in that background, this Court is inclined to grant

          him the anticipatory bail with conditions.

                       8. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned A.C.J.M.-I,

          Danapur, Patna in connection with Danapur P.S. Case No. 781

          of 2018 subject to condition as laid down under Section 438(2)

          of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;
           Patna High Court CR. MISC. No.30437 of 2026(2) dt.13-05-2026
                                                       3/3




                                  (ii) the petitioner shall appear on each and every date

                     before the Trial court and failure to do so for two consecutive

                     dates without plausible reason will entail cancellation of his bail

                     bond by the Trial court itself;

                                  (iii) the petitioner shall appear before the concerned

                     police station every fortnight for next six months to mark

                     attendance and at the end of the period, the certificate be

                     submitted to the Court;

                                  (iv) the petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (v) the petitioner shall desist from committing any

                     criminal offence again failing which the State shall be at liberty

                     to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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