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Patna High Court

Umashankar Singh @ Uma SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed anticipatory bail to the petitioner subject to conditions under Section 438(2) of the Criminal Procedure Code.

Summary

Umashankar Singh, a 72‑year‑old petitioner, applied for anticipatory bail in a case registered under Sections 399 and 402 of the IPC relating to alleged dacoity. He had earlier filed a similar application which was rejected, and he contended that although processes under Sections 82 and 83 of the CrPC were issued in 2001 and 2007, they were never executed, and the FIR contained incorrect address details. The petitioner argued his advanced age, clean antecedent and lack of prior arrests warranted bail, while the State opposed on grounds of possible non‑cooperation. The Court examined the non‑execution of the processes, the discrepancies in the FIR, and the petitioner’s personal circumstances, and concluded that bail could be granted with conditions. Accordingly, the Court ordered the petitioner to be released on bail upon furnishing bonds of Rs. 25,000 with two sureties, subject to Section 438(2) CrPC conditions and the possibility of cancellation for non‑cooperation.

Issues considered

  • Whether anticipatory bail should be granted when processes under Sections 82 and 83 CrPC have been issued but not executed
  • Whether the petitioner’s age, clean antecedent and lack of prior arrests justify anticipatory bail
  • Whether discrepancies in the FIR regarding the petitioner’s address affect the grant of bail
  • Whether conditions under Section 438(2) CrPC are appropriate in this case
  • Whether the trial court may cancel bail if the petitioner fails to cooperate with the investigation or attempts to delay trial

Legislation cited

Subjects

  • anticipatory bail
  • Section 399 IPC
  • Section 402 IPC
  • Section 82 CrPC
  • Section 83 CrPC
  • Section 438 CrPC
  • age factor
  • clean antecedent
  • FIR discrepancy
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83226 of 2025
                   Arising Out of PS. Case No.-104 Year-1997 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Umashankar Singh @ Uma Singh, Son of Late Narayan Singh R/O Village -
                 Banuaara Mani Dilawarpur, P.S.- Kalyanpur, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Y. C. Verma- Sr. Advocate
                                                  Ms. Priyanka Singh- Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar- A.P.P.
                                                  Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   09-01-2026                   1. Heard learned senior counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 399 and 402 of the Indian Penal Code.

                                 3. The S.H.O. and the Investigating Officer of the

                   case in compliance of the order dated 05.12.2025 are present in

                   the Court.

                                 4. The learned senior counsel for the petitioner

                   submits that petitioner had earlier moved before this Court

                   seeking anticipatory bail by filing Cr. Misc. No.53550 of 2025

                   and the same was taken up on 19.08.2025, when a specific

                   submission was made that petitioner is not aware whether any
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          process under Sections 82 and 83 Cr.P.C. has been issued or not

          against him. Accordingly, the S.H.O. and the Investigating

          Officer of the case were directed to remain physically present

          before the Court on 25.08.2025. It is further submitted that on

          25.08.2025, the learned senior counsel and the learned advocate

          on record for personal reason could not appear in the Court in

          Cr. Misc. No.53550 of 2025, but then, the case was taken up as

          the     S.H.O. and the Investigating Officer of the case in

          compliance of the order dated 19.08.2025 were present.

                       5. It is next submitted that learned A.P.P. based on

          instruction of the S.H.O. and the Investigating Officer of the

          case submitted that process under Section 82 Cr.P.C. was issued

          in the Year 2001 and the process under Section 83 Cr.P.C. was

          issued in the Year 2007. It is further submitted that based on the

          said submission of the learned A.P.P. and the fact that petitioner

          remained unrepresented on 25.08.2025, the anticipatory bail was

          considered on merit and rejected. It is next submitted that

          thereafter the instant Criminal Miscellaneous Application i.e.

          second anticipatory bail application has been filed seeking

          anticipatory bail to the petitioner on the ground that though the

          S.H.O. and the Investigating Officer of the case instructed the

          learned A.P.P. to submit that process under Sections 82 and 83
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          Cr.P.C. was issued, but then, it is asserted and submitted that the

          aforesaid process were not executed or else the petitioner would

          have surrendered way back in the Year 2007 itself. It is

          reiterated and submitted that process was never executed, as

          such, petitioner never came to know about his implication in the

          instant FIR which was instituted in the Year 1997. It is also

          submitted that petitioner has been named in the FIR, but then,

          his father name is not given nor complete address is provided

          and the FIR vaguely mentioned the police station as Kesariya

          without naming the district, when the petitioner is a resident of a

          place which false under Kalyanpur Police Station in East

          Champaran. It is further submitted that it might be a possibility

          that in the FIR also, other accused were implicated and the

          police in a mechanical manner implicated the petitioner.

                       6. It is again asserted and submitted that process

          under Sections 82 and 83 Cr.P.C. was never executed. It is also

          submitted that petitioner is 72 years of age and is a person with

          clean antecedent and in these 28 years, police never made any

          endeavours to arrest him. It is also submitted that had process

          under Section 83 Cr.P.C. been executed, in that event, the police

          would have seized household articles, but the same was not

          done. It is next submitted that from perusal of the allegation as
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          alleged in the FIR, it would manifest that informant received a

          confidential information from Chaukidar Shatrughan Rai and

          Ramesh Mahto on 09.08.1997 that one Gopal Tiwary along with

          his associates were planning to commit dacoity at Naya Tola

          Dostpur. Accordingly, on receiving the information, the raiding

          team reached the place of occurrence and during the raid, one

          Ram Babu Singh @ Vijay Singh was apprehended with a loaded

          rifle, while the remaining accused fled and the apprehended

          accused disclosed the name of his accomplices including the

          petitioner. It is also submitted that had the apprehended accused

          disclosed the name of the petitioner, in that event, at least the

          address would have been correctly disclosed, but then, that is

          not the case.

                       7. It is submitted that the instant case was taken up on

          05.12.2025 when the aforesaid order was recorded and the

          S.H.O. and the Investigating Officer of the case were directed to

          remain physically present on 12.12.2025. It is submitted that on

          12.12.2025, the case could not be taken up as Division Bench

          was formed, hence the case was directed to be listed on

          09.01.2026 and the S.H.O. and the Investigating Officer of the

          case were directed to remain physically present before the

          Court.
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                       8. Today, when the matter is taken up, the S.H.O. and

          the Investigating Officer of the case are present in the Court and

          do not dispute the submissions of the learned senior counsel

          appearing on behalf of the petitioner that petitioner is a resident

          of a place which false under Kalyanpur P.S. in the District of

          East Champaran and is not a resident of a place which false

          within Kesariya Police Station. It is also submitted that no

          doubt, process under Sections 82 and 83 Cr.P.C. were issued,

          but then, the same were issued with respect to an accused who

          was a resident within the Kalyanpur Police Station.

                       9. The S.H.O. fairly submits that process under

          Sections 82 and 83 Cr.P.C. was never executed with respect to

          the petitioner nor the police ever raided the house of the

          petitioner which false within Kalyanpur Police Station in the

          District of East Champaran. It is next submitted that case is an

          old one several I.O.s have changed, but then, from perusal of the

          case diary, it appears that there was confusion with regard to the

          address of the petitioner as recorded in the FIR. It is also fairly

          submitted that in the FIR, the petitioner is not described by his

          parentage nor his address is recorded and during the course of

          investigation also, the said discrepancies remained. It is also

          submitted that in the event, if privilege of anticipatory bail is
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          granted, in that event, the petitioner may not cooperate in the

          investigation, on which the learned senior counsel appearing on

          behalf of the petitioner submits that petitioner will not abscond

          rather will cooperate in the investigation to prove his innocence.

                       10.        Learned A.P.P. opposes the anticipatory bail

          application.

                       11.        After hearing the learned counsel for the

          parties, the petitioner, above-named, in the event of his arrest or

          surrender before the learned Court below within a period of six

          weeks, is directed to be released on bail on his furnishing bail-

          bonds in the sum of Rs. 25,000/- (Rupees Twenty Five

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Trial Court where the case is

          pending/successor Court in connection with Sahebganj P. S.

          Case No.104 of 1997, subject to the conditions laid down under

          Section 438(2) of the Cr.P.C.

                       12. The application stands allowed.

                       13. However, it is made clear that in the event, if any

          application is filed by the Investigating Officer before the

          learned trial Court bringing to its notice that petitioner, despite

          giving assurance to this Court, is not cooperating in the

          investigation or is not presenting himself as and when required,
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                         the learned trial Court shall be at liberty to cancel the bail bonds

                         of the petitioner after recording reasons.

                                      14. Further, it is made clear that in the event, if charge-

                         sheet is filed and the learned trial court comes to a conclusion

                         that petitioner after filing of charge-sheet is trying to delay the

                         framing of charge or after framing of charge is trying to delay

                         the trial in both the condition, the learned trial court shall be at

                         liberty to cancel the bail bonds of the petitioner.

                                      15.          Let a copy of this order be sent to the

                         concerned Police Station through the learned trial Court.

                                      16. The personal appearance of the S.H.O. and the

                         Investigating Officer of the case is dispensed with.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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