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Patna High Court

Vijay SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, directing the petitioner to surrender and secure bail as per Section 438 CrPC and Section 482 B.N.S.

Summary

Vijay Singh applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 351(2) and 3(5) of the B.N.S., stemming from a property dispute with his brother-in-law. The prosecution alleged that the petitioner and the informant’s husband assaulted each other, while the petitioner claimed innocence and questioned the genuineness of the injury report, asserting that the injuries were not grievous. He also highlighted his clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court examined the merits, the doubtful injury report, and the petitioner’s clean record, and applied the provisions of Section 438 of the CrPC and Section 482 of the B.N.S. to grant anticipatory bail. The order directed the petitioner to surrender within four weeks and secure bail with a bond of Rs. 10,000 and two sureties.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 of the CrPC in the present case
  • Whether the allegations and the nature of the offences disqualify the petitioner from bail
  • Whether the injury report is genuine and sufficient to constitute a grievous injury
  • Whether the petitioner’s clean antecedent warrants bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • bail
  • criminal procedure
  • property dispute
  • injury report
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83621 of 2025
                       Arising Out of PS. Case No.-356 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
                 Vijay Singh Son of Late Devendra Singh Resident of ward no. 7, Haripur,
                 P.S.- Alauli, District- Khagaria, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :        Mr.Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   23-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Alauli P.S. Case No. 356 of 2025 registered for

                   the offence under Sections 126(2), 115(2), 109, 351(2) and 3(5)

                   of the B.N.S.

                                   3.    As per the prosecution case, petitioner and

                   informant’s husband are brothers and due to property dispute,

                   they have assaulted each other.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that there is

                   doubt regarding the genuineness of the injury report as the

                   injuries does not appear to be grievous but the doctor has given
              Patna High Court CR. MISC. No.83621 of 2025(3) dt.23-02-2026
                                                          2/2




                        in his report that it is a grievous injury. Petitioner has clean

                        antecedent.

                                         5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned Additional

                        Sessions Judge-II, Khagaria/ concerned Court below in

                        connection with Alauli P.S. Case No. 356 of 2025, subject to the

                        conditions laid down in Section 438(2) of the Code of Criminal

                        Procedure, 1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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