Nandlal Singh @ Chinilal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14241 of 2026 Arising Out of PS. Case No.-365 Year-2025 Thana- DESARI District- Vaishali ====================================================== Nandlal Singh @ Chinilal Singh S/o Late Upendra Singh @ Upendra Singh R/o Village- Bajitpur, Chak Kasturi, P.S.- Desari (Sahdei Buzurg), District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aniket Singh, Advocate For the State :
Mr. Jitendra Kumar Singh, APP For the Informant :
Mr. Deo Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner, informant and learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Desari P.S. Case No. 365 of 2025 registered for the offence under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, lodged on 06.10.2025 by the informant, Seema Devi.
3. As per the prosecution story, the informant alleged that when her father-in-law was working alongwith brother-inlaw, the accused persons armed variously came and assaulted them causing injury. The father-in-law was rushed to Sahdei Primary Health Centre and then to Hajipur Sadar Hospital and ultimately to the Patna Medical College and Hospital, Patna in
2/5 serious condition. This led to the F.I.R.
4. Earlier, the coordinate Bench had called for the case diary and upon receipt of the same, the report from Patna Medical College and Hospital, Patna was missing.
5. In that background, on 29.04.2026, this Court directed Mr. Jitendra Kumar Singh, learned APP to appear and file affidavit on behalf of the S.H.O. Sahdei Buzurg P.S. after formulating certain points which stands recorded in paragraph no.3 of the order dated 29.04.2026 and read as follows:
3. This Court has taken note of the para 33 of the case diary and directs Mr. Jitendra Kumar Singh, learned APP to appear in the case and file affidavit on behalf of the SHO, Sahdei Buzurg Police Station, Vaishali as also the Investigating Officer, Sunil Kumar on the points:
(i) whether the petitioner was under treatment at PMCH or not as recorded in para 33;
(ii) in case, he was at PMCH, whether the Investigating Officer went to the said hospital to procure the medical report of the
3/5 injured Kusheshwar Singh from that place or not;
(iii) if he has gone to PMCH, the reason must be assigned;
(iv) ensure facts must come in affidavit"
6. Pursuant thereto, a counter affidavit has come on behalf of the Investigating Officer, Sahdei Buzurg P.S. and as per it, despite visit to Patna Medical College and Hospital, Patna, an information was given that the injured was asked to have a City-Scan done and submit the report but it was never provided and in that background, they are unable to provide any report.
7. The Investigating Officer also went to the informant's house and requested for the City-Scan report but the only information was given that the injured was treated at Patna Medical College and Hospital, Patna but no City-Scan report was provided. These entire facts have been recorded in a video statement by the Investigating Officer.
8. Learned counsel for the informant submits that though the report of the City-Scan was not provided, the fact remains that the injured was treated at Patna Medical College
4/5 and Hospital, Patna.
9. The allegation is there against the petitioner, however, the injury report is missing and despite the Court trying to get an injury report from the Patna Medical College and Hospital, Patna, the Investigating Officer has raised his hauls as recorded above, this petitioner has no criminal antecedent and has undertaken to diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
10. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-V, Vaishali at Hajipur, in connection with Desari P.S. Case No. 365 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the
5/5 investigation;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T