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Patna High Court

Bipin Singh @ Jitendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a cash bond of Rs.15,000, two sureties of the same amount, and conditions of appearance.

Summary

The petitioner, Bipin Singh, was arrested in connection with a land‑dispute related case involving alleged abduction, assault and threats under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with unknown persons, abducted the informant’s relatives and confined them, later releasing them with threats. The petitioner contended that he was falsely implicated due to a prior land dispute and that the FIR contained only vague, omnibus allegations without specific overt acts. He also highlighted that co‑accused had already been granted bail and that he had already spent considerable time in custody. The court, considering the lack of specific evidence, parity with co‑accused, and the period of custody, decided to grant bail subject to monetary surety and conditions of appearance.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita, 2023
  • Whether the petitioner’s claim of false implication and lack of specific overt acts warrants bail
  • Whether parity with co‑accused who have been granted bail influences the decision

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • land dispute
  • Bharatiya Nyaya Sanhita
  • abduction
  • assault
  • threats
  • parity
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15633 of 2026
                    Arising Out of PS. Case No.-212 Year-2025 Thana- MEHSI District- East Champaran
                 ======================================================
                 Bipin Singh @ Jitendra Singh Son of Ramayan Singh Resident of village
                 Rampurva, P.S. -Mehasi, District East-Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Om Prakash Singh, Advocate
                                                  Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :       Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                   Heard learned senior counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Mehsi

                   P.S. Case No. 212 of 2025 instituted for the offences under

                   Sections 127(2), 127(7), 308(3), 308(4), 351(2), 111(2), 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. Prosecution case, in short, is that while the

                   informant’s brother Arjun Prasad and nephew Abhishek Kumar,

                   were returning from Mehsi Circle Office after discussing a land

                   dispute, were allegedly abducted near Keshari Chowk by the

                   named accused along with unknown persons on motorcycles

                   and were confined at the house of Mukesh Pathak, assaulted,
Patna High Court CR. MISC. No.15633 of 2026(2) dt.11-03-2026
                                            2/3




          and later on, released with threats of death if they approached

          the police or visited the disputed land again.

                      4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case due to

          previous land dispute between the parties which is evident from

          the FIR itself. Learned counsel for the petitioner submitted that

          general and omnibus allegation has been made against the

          petitioner and no any specific overt act is alleged against the

          petitioner. It has been submitted on behalf of the petitioner that

          the petitioner is in custody since 31.12.2025 and has five

          criminal antecedents. The co-accused persons have already been

          granted bail by this Court vide order dated 15.09.2025 passed in

          Cr. Misc. No. 65287 of 2025.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, claim based on parity as also the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.15633 of 2026(2) dt.11-03-2026
                                                       3/3




                     below/concerned Court in connection with Mehsi P.S. Case No.

                     212 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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