Patna High Court
Veer Pratap Singh @ Banti SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner Veer Pratap Singh sought anticipatory bail fearing arrest in a case where he was accused of assaulting the wife of an informant and other offences under various sections of the B.N.S. He contended that the allegations were false, arising from a family dispute, and that injuries were minor. The State opposed the bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedents. The High Court considered the submissions, the nature of the alleged offences, and the provisions of Section 438(2) CrPC and Section 482(2) B.N.S., and directed that anticipatory bail be granted, subject to a bail bond of Rs 10,000, two sureties, and conditions including personal presence at trial and verification of antecedents. The order emphasized that the observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC
- Whether the allegations constitute a false or fabricated case
- Whether the petitioner’s prior criminal antecedents preclude anticipatory bail
Legislation cited
- B.N.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- assault
- criminal antecedents
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91906 of 2025
Arising Out of PS. Case No.-312 Year-2024 Thana- RAGHUNATHPUR District- Siwan
======================================================
Veer Pratap Singh @ Banti Singh S/O Shambhu Singh R/O village - Patar,
P.S. - Raghunathpur, Dist. - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Adv.
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Raghunathpur P.S. Case No. 312 of 2024 dated 17.11.2024
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 303(2), 352, 351(2) and 3(5) of the B.N.S.
3. As per the prosecution case, the petitioner along
with other co-accused persons had brutally assaulted the wife of
the informant who was earlier being verbally abused and even
informant was assaulted.
4. The learned counsel for the petitioner submits that
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the petitioner has falsely been implicated in this case and no
such occurrence as alleged has taken place. It has further been
submitted that it was the informant who was the aggressor and
after altercation, certain persons have received injuries. It has
further been submitted that the allegation upon the petitioner is
of assaulting the wife of the informant namely, Bittu Devi but
from perusal of the injury report, it would be evident that both
the injuries were found to be simple in nature. It has further
been submitted that there is a dispute between the family and on
account of the same, a false and concocted case has been lodged
belatedly, after four days of the occurrence. It has lastly been
submitted that the petitioner has two criminal antecedents in
which he is on bail.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
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the learned Court below where the case is pending/successor
court in connection with Raghunathpur P.S. Case No. 312 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 BNSS as well as subject to the
following conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(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) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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