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Patna High Court

Kedar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner with specified conditions.

Summary

Petitioner Kedar Singh, a 72‑year‑old man, was implicated in a case (PS‑254/2024) alleging assault, robbery and other offences under Sections 126(2), 115, 118(1), 303(2), 352 and 3(5) of the B.N.S. He contended that the allegations were false, stemming from a long‑standing personal dispute, and that the injuries reported were minor and he had a clean antecedent. The State opposed his request for anticipatory bail. The Court examined the facts, the petitioner’s age, the nature of the alleged injuries, and the possibility of false implication, and decided to grant anticipatory bail subject to strict conditions, including a bail bond of Rs.10,000 with two sureties, personal appearance at each trial date, and provisions for cancellation if conditions are breached. The order was made under Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the B.N.S., with additional safeguards for verification of antecedents. The prayer for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations and his claim of false implication.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • false implication
  • assault
  • theft
  • bail conditions
  • age factor
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85434 of 2025
                    Arising Out of PS. Case No.-254 Year-2024 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
                 Kedar Singh S/O Late Narayan Singh R/O Bishanpur, Bandey, P.S-
                 Bhagwanpur, Distt- Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Bhagwanpur P.S. Case No. 254 of 2024 registered for the

                   offences under Sections 126(2), 115, 118(1), 303(2), 352 and

                   3(5) of the B.N.S.

                                3. As per the prosecution case, while the informant

                   was constructing her cow shed, the named accused persons,

                   including the petitioner, allegedly came to the place of

                   occurrence and started abusing her. It is alleged that the

                   petitioner assaulted the informant on her head by means of a

                   spade causing her injury. It is further alleged that when the son

                   of the informant came there to save her, the other accused

                   persons assaulted him by means of lathi, causing head injury. It
Patna High Court CR. MISC. No.85434 of 2025(2) dt.15-01-2026
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          is also alleged that the petitioner snatched away the gold chain

          and earrings of the informant.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has falsely been implicated in the

          present case and that he is an old person aged about 72 years. It

          has further been submitted that the injury report of the

          informant, Renu Devi has been brought on record by way of

          Annexure-P/2 and from persusal of the same, the injuries

          sustained were found to be simple in nature. It has lastly been

          submitted that there is a long-standing dispute between the

          parties and that only to settle personal scores, false and frivolous

          allegations have been levelled against the petitioner and others.

          It has further been submitted that the petitioner carries clean

          antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioner above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks

          from today, on furnishing bail bonds of Rs.10,000/-(ten

          thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.85434 of 2025(2) dt.15-01-2026
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          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Bhagwanpur P.S.

          Case No. 254 of 2024 subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure read

          with corresponding Section 482(2) of B.N.S.S. as well as

          subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his

                          close relative.

                          (ii) The petitioner shall remain physically present

                          in Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates, or

                          in violation of the terms of the bail, the bail bond of

                          the petitioner will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioner is found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of his bail bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioner and in case at

                          any stage it is found that the petitioner has

                          concealed his criminal antecedent, the court below

                          shall take step for cancellation of bail bond of the
           Patna High Court CR. MISC. No.85434 of 2025(2) dt.15-01-2026
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                                     petitioner. However, the acceptance of bail bonds in

                                     terms of the above-mentioned order shall not be

                                     delayed for purpose of or in the name of

                                     verification.

                                  7. Accordingly, the prayer for anticipatory bail is

                     allowed.



                                              (Sourendra Pandey, J)
aditya/-

U


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