Patna High Court
Devendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Arms Act — s. 27
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 147, 148, 149, 308, 337, 341
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
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(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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