Patna High Court
Vijay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail should be granted owing to the inordinate delay in filing the FIR and the petitioner’s clean antecedent.
Summary
Vijay Singh applied for anticipatory bail after the State of Bihar and Mala Devi filed a case alleging offences under Sections 316(2), 318(4), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, claiming he forged an agreement and sold tractors belonging to the informant and assaulted her husband. The petitioner contended that the tractors were his property under a partition agreement, that he had paid the EMIs, and that the FIR was lodged after an eight‑year delay without justification, emphasizing his clean antecedent. The informant opposed bail, insisting on the seriousness of the allegations. The court examined the impact of the long delay in filing the FIR and the petitioner’s clean record. Considering these factors, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite allegations under Sections 316(2), 318(4), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the eight‑year delay in lodging the FIR vitiates the prosecution’s case and warrants bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- delay in FIR
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81789 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
Vijay Singh S/o Late Kedar Singh Resident of Chandi, P.S.- Akhorigola,
District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mala Devi W/O- Binod Kumar Singh, at present Tara Nagar, ps-nchas, dist.
bokaro,
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, A.P.P.
For the Informant : Mr. Ravi Rohit, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 13-03-2026 Heard learned counsel for the petitioner, informant and
the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 316(2), 318(4), 352,
351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. Informant alleges that her two tractors were kept at
village under the care of this petitioner, who is her cousin brother-
in-law and when informant returned, she found that the tractors
were missing. It is alleged that in connivance with other accused
persons, this petitioner created forged agreement with the
signature of informant and sold her tractors. This petitioner is also
alleged to have assaulted the husband of informant and threatened
him with dire consequences.
Patna High Court CR. MISC. No.81789 of 2025(5) dt.13-03-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter of
fact, as per partition agreement, tractors in question belonged to
the petitioner and EMIs of the same were paid by the petitioner in
the account of informant. F.I.R. has been lodged after inordinate
delay of eight years, without any plausible explanation, which
itself raises doubt over veracity of the prosecution case. Petitioner
claims clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering backdrop of the case, delay in lodging
the F.I.R. and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event of
his arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of like amount each
to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram
in connection with Akhorigola P. S. Case No. 306 of 2025, subject
to condition as laid down under Section 482(2) BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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