Patna High Court
Kedar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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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