Patna High Court
Anil Singh @ Anil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners with a bond of Rs 30,000 and conditions under the B.N.S.S., 2023.
Summary
The petitioners, four residents of Chitaur village, sought anticipatory bail after an FIR (Aandar PS Case No. 62 of 2020) was lodged alleging offences under Sections 447, 341, 323, 324, 504, 506 and 34 of the IPC for an incident that occurred on 5 May 2020. They argued that the FIR was filed 11 days after the alleged incident, that a counter‑case (Case No. 63 of 2020) had been filed by them, and that the injuries were minor and stemmed from village politics. The State opposed bail, noting that both parties were neighbours and had sustained injuries. The Court considered the delay in filing the FIR, the existence of a case and counter‑case, the petitioners’ clean antecedents, and the need to prevent harassment. It granted anticipatory bail subject to a Rs 30,000 bond and conditions under Section 2(1)(d) and Section 482(2) of the Bihar Non‑Compounding of Offences (B.N.S.S.) Act, 2023, including appearance before the trial court and cancellation on repeat offences.
Issues considered
- Whether anticipatory bail should be granted despite the delay in filing the FIR
- Whether the existence of a counter‑case and mutual injuries affect the grant of bail
- Whether the conditions imposed under the B.N.S.S., 2023 are appropriate
Subjects
- anticipatory bail
- FIR delay
- case and counter case
- Indian Penal Code
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6422 of 2026
Arising Out of PS. Case No.-62 Year-2020 Thana- AANDAR District- Siwan
======================================================
1. Anil Singh @ Anil Kumar Singh Son of Late Brijraj Singh R/O Village
Chitaur, P.S.- Aandar, District - Siwan.
2. Rohit Singh @ Rohit Kumar @ Chandan Singh Son of Ajay Singh R/O
Village Chitaur, P.S.- Aandar, District - Siwan.
3. Ajay Singh @ Ajay Kumar Singh @ A. K. Singh Son of Late Brijraj Singh
R/O Village Chitaur, P.S.- Aandar, District - Siwan.
4. Priyesh Singh @ Priyesh Kumar Singh Son of Bipin Singh R/O Village
Chitaur, P.S.- Aandar, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyanka Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 22-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Aandar P.S. Case No. 62 of 2020 lodged on
14.05.2020, for the offence punishable under Sections 447, 341,
323, 324, 504, 506 & 34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the present petitioners. It
has been alleged by the informant that in the morning of
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05.05.2020, when the informant’s father was returning to his
house, then all the accused persons who are adjacent neighbours
started abusing him and also assaulted him, due to which he
sustained injury. When the informant came to rescue his father,
then he was also assaulted by the accused persons.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that from the content of the FIR, it become
clear that the offence has alleged to be made in the morning of
05.05.2020, but the FIR has been lodged on 14.05.2020 i.e. after
a delay of about 11 days. The said delay has not been explained.
He further submits that for the same date and place of
occurrence, there are case and counter case from both the sides
i.e. one case has been lodged from the petitioners’ side bearing
Aandar P.S. Case No. 63 of 2020 (Annexure-2) and the present
case has been lodged from the informant’s side bearing Aandar
P.S. Case No. 62 of 2020 (Annexure-1). He submits that both
the parties are resident of the same village and case diary has
also been called in this case vide order dated 04.02.2026.
Counsel submits that from the case diary, it is clear that the
injuries are simple in nature and due to dirty village politics, the
present case has been lodged and both parties received injuries.
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He further submits that the petitioners have clean antecedent
and they are ready to fulfill all the conditions whatsoever shall
be imposed upon them.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but submits that both parties are resident
of the same village and adjacent neighbours and there are case
and counter case from both the sides in which, both sides have
sustained injuries.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of A.C.J.M., Siwan, in connection with Aandar P.S.
Case No. 62 of 2020, subject to the conditions as laid down U/s
482(2) of the B.N.S.S., 2023 with further conditions:-
(i) the petitioners shall appear before the Trial Court
on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of their bail bonds by the Trial
Court itself;
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(ii) repetition of such type of case in the future shall
also be resulted into cancellation of their bail bonds by the Trial
Court.
(Dr. Anshuman, J)
Divyansh/-
U T
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