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Patna High Court

Vijay SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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