Shiv Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Shiv Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner no. 1 (Shiv Kumar Singh): on arrest or surrender before the Court below within four weeks, release on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Buxar, in connection with Rajpur Police Station Case No. 330 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure; petitioner no. 2 (Deepak Singh @ Deepak Kumar Singh) permitted to withdraw the application and seek regular bail.

Issue for consideration

Whether anticipatory bail should be granted in connection with Rajpur Police Station Case No. 330 of 2024, disclosing the listed offences under the BNS, 2023. +2 more

Court's answer

Taking into consideration the age of petitioner no. 1 (75 years) and having regard to the submissions made on behalf of the parties, the Court is inclined to grant petitioner no. 1 the privilege of anticipatory bail.

Ratio / Principle

Permission granted to petitioner no. 2 to withdraw the anticipatory bail application and seek regular bail.

Key takeaways

Petitioner no. 1, in the event of arrest or surrender before the Court below within four weeks, is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Buxar, in connection with Rajpur Police Station Case No. 330 of 2024.ratio¶24
The bail is subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure, in connection with Rajpur Police Station Case No. 330 of 2024.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J), 19-02-2025 — CRIMINAL MISCELLANEOUS No.3216 of 2025 arising from Rajpur Police Station Case No. 330 of 2024 (District Buxar), disclosing offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 352, 351(2), 351(3) of the BNS, 2023. Allegation: petitioners nos. 1 and 2 assaulted the informant's father with lathi and iron rod on 20.10.2024 while forcibly ploughing the informant's land. Considering petitioner no. 1 Shiv Kumar Singh's age of 75 years, anticipatory bail granted to him: arrest or surrender within four weeks; bail bond Rs. 10,000/- with two sureties of like amount each before Additional Chief Judicial Magistrate 1st, Buxar; conditions under Section 438(2) CrPC apply. Petitioner no. 2 Deepak Singh @ Deepak Kumar Singh permitted to withdraw the application and seek regular bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3216 of 2025

Arising Out of PS. Case No.-330 Year-2024 Thana- RAJPUR District- Buxar

======================================================

Shiv Kumar Singh Son of Shiv Shankar Singh Resident of Vill- Jalilpur, P.S.- Rajpur, District- Buxar

Deepak Singh @ Deepak Kumar Singh Son of Kapildev Singh Resident of Vill- Jalilpur, P.S.- Rajpur, District- Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ravi Shankar Pathak For the Opposite Party/s : Mr. Nirmal Kumar Sinha ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 19-02-2025

Heard learned Counsel for the petitioner and

learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Rajpur Police Station Case No. 330 of 2024, disclosing offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 352, 351(2), 351(3) of the BNS, 2023.

After some arguments, when the Court was not inclined to grant anticipatory bail to petitioner no. 2, learned counsel for the petitioners seeks permission to withdraw the application with respect to petitioner no. 2 and seek regular bail.

Permission is granted.

As per the prosecution case, the allegation against

Patna High Court CR. MISC. No.3216 of 2025(2) dt.19-02-2025 2/3

petitioner no. 1 is that he along with petitioner no. 2 assaulted the father of the informant by means of lathi and iron rod on his head on protest made by the informant’s father when the petitioner along with other accused persons were forcibly ploughing the informant’s land on 20.10.2024 in the morning.

Learned Counsel for the petitioner no. 1 submits that there is a land dispute between the parties and both are agnates and co-sharers which would be evident from the FIR itself. The allegation of assault against the petitioner no. 1 and 2 are joint and however petitioner no. 1 is an old man aged about 75 years and was not in a position to hold lathi and assault the informant’s father.

Having regard to the submissions made on behalf of the parties and taking into consideration the age of petitioner no. 1 of 75 years, I am inclined to grant the petitioner no. 1 privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner no. 1 in the event of his arrest or surrender before the Court below within four weeks, 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 learned Additional Chief Judicial Magistrate 1^st , Buxar, in

Patna High Court CR. MISC. No.3216 of 2025(2) dt.19-02-2025 3/3

connection with Rajpur Police Station Case No. 330 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

HarshPandey/-

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