Patna High Court
Vijay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438
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
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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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