Patna High Court
Bipul Singh @ Vipul SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
Holding
Since the FIR does not specifically allege that petitioner no.2 committed the POCSO offence, the court granted bail to him subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Bipul Singh and Angad Singh, were involved in a bail application arising from a 2025 case concerning alleged sexual assault, video harassment, and assault on a victim's father. Bipul Singh (petitioner 1) withdrew his bail request, which the court dismissed as withdrawn. Angad Singh (petitioner 2) sought bail, claiming he was only alleged to have assaulted the victim's father and faced no specific charge under the POCSO Act. The State opposed bail, but the court found no direct allegation against Angad for the POCSO offences and, applying Section 482(2) of the Bharatiya Nyaya Sanhita, granted bail with stringent conditions. The bail order was issued subject to a bond, sureties, and compliance with conditions regarding court appearances, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether bail can be granted to Angad Singh despite the FIR containing allegations under the POCSO Act, IT Act and other sections of the Bharatiya Nyaya Sanhita.
- Whether the FIR specifically implicates Angad Singh in the offences punishable under the POCSO Act.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the High Court to grant bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 482(2), 65(1), 79
- Information Technology Act, 2000 — s. 67B
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- POCSO Act
- sexual assault
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- Information Technology Act
- assault on father
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15436 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- DURAULI District- Siwan
======================================================
1. Bipul Singh @ Vipul Singh Son of Umesh Singh Resident Of Village -
Darauli Sabji Mandi, P.S. - Darauli, Dist. - Siwan.
2. Angad Singh Son of Shambhu Singh Resident Of Village - Darauli Sabji
Mandi, P.S. - Darauli, Dist. - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. G D/o Guddu Prasad R/o Village - Darauli Sabji Mandi, P.S. - Darauli, Dist.
- Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary
For the Opposite Party/s : Mr. Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. Considering the nature of the allegations and the
materials surfaced during the course of investigation, after some
arguments, learned counsel for the petitioners seeks permission
to withdraw the bail application insofar as petitioner no. 1 is
concerned.
3. Permission is granted.
4. Accordingly, the bail application as against the
petitioner no.1 is dismissed as withdrawn.
5. Now, this bail application is being considered
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only with regard to the petitioner no.2.
6. The petitioner apprehends his arrest in
connection with Darauli P.S. Case No.299 of 2025, dated
02.11.2025 registered for the offence punishable under Sections
351(2), 79, 126(2), 115(2), 65(1), 3(5) of the Bharatiya Nyaya
Sanhita, Sections 4, 6 of the POCSO Act and Section 67B of
the IT Act.
7. As per the FIR, accused Bipul Singh called the
informant to Shiwala Ghat and forced her to drink a cold drink
which made her unconscious, after which he sexually assaulted
her. She further alleged that he threatened her with a video clip
and uploaded the same on different social media platforms. It is
further alleged that when the father of the informant confronted
him, petitioner no. 2, who is the father of the main accused
Bipul Singh, brutally assaulted the father of the informant.
8. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. It is submitted that there is no specific allegation against
the petitioner to attract the provisions of the POCSO Act. On a
bare perusal of the FIR, it would be evident that the allegation
against petitioner no. 2 is only that when the father of the
informant went to talk to the accused, petitioner no. 2 assaulted
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him. It is further submitted that the entire allegation of sexually
assaulting the informant and uploading her obscene video on
social media has been levelled against Bipul Singh, whose bail
application has already been withdrawn. Insofar as petitioner no.
2 is concerned, there is no allegation of sexual assault upon the
informant, which would be evident from the impugned order.
Lastly, it is submitted that the petitioner has no criminal
antecedents.
9. On the other hand, learned APP for the State has
opposed the prayer for bail of the petitioner but has submitted
that the allegations under the POCSO Act are only against the
accused Bipul Singh.
10. Considering the fact that there is no specific
allegation against petitioner no. 2 regarding commission of the
offence against the victim, let the above named petitioner no.2,
be released on bail, in the event of his arrest or surrender before
the learned Court below within a period of six 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 the learned Additional District & Sessions Judge
Exclusive Court of POCSO, Siwan/Successor Court in
connection with Darauli P.S. Case No.299 of 2025, subject to
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the conditions as laid down under Section 482(2) of the BNSS
as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
11. Accordingly, the bail application is partly allowed.
(Ajit Kumar, J)
shikha/-
U T
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