Patna High Court
Vishal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
Vishal Singh applied for anticipatory bail fearing arrest in a case (PS Case No. 358/2024) involving offences under several sections of the Bharatiya Nyaya Sanhita and the POCSO Act. He alleged that the informant’s allegations were false and that the investigating police, after a cursory inquiry, had exonerated him in a final report. Despite the police exoneration, the magistrate took cognizance of the complaint and proceeded against him. The petitioner argued that it would be unjust to incarcerate him on the basis of a cognizance order that relied on the same police report that cleared him, and he assured cooperation with the investigation. The State opposed the anticipatory bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, and imposed conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the investigating police have exonerated the petitioner but the magistrate has taken cognizance of the complaint.
- Whether the petitioner is likely to abscond or tamper with evidence if released on anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 3(5), 351(3), 352, 482(2), 74
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- false implication
- police exoneration
- cognizance
- BNSS
- POCSO Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17056 of 2026
Arising Out of PS. Case No.-358 Year-2024 Thana- KATEYA District- Gopalganj
======================================================
Vishal Singh S/O Vijay Rai Resident of Village- Rudalpur Mahuwa Patan,
P.S- Kateya, Distt.- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Y R/O Village- Rudalpur Mahuwa Patan, P.S- Katey, Distt.-
Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Singh
For the Opposite Party/s : Mr.Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 74, 351(3), 352, 303(2) and 3(5) of the Bharatiya Nyaya
Sanhita and Sections 8 and 12 of POCSO Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that Sarita locked her room, on objection accused persons
including the petitioner came and Vijay Rai gave order to
assault her daughter, Ritika, who had seen Sarita locking the
door of the informant and all accused assaulted and Vishal tore
Patna High Court CR. MISC. No.17056 of 2026(2) dt.09-04-2026
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clothes of her daughter unveiling her and accused threatened.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that police after threadbare
investigation came to a considered conclusion that petitioner is
innocent thus submitted final form exonerating the petitioner of
the allegation, but then learned Magistrate differing with the
police report, took cognizance. The learned counsel for the
petitioner next submits that when one investigating agency after
threadbare investigation came to a considered conclusion that
petitioner is innocent, whether it would be prudent for the court
to send the petitioner to jail based on an order of cognizance
which came to be taken based on the same police report which
exonerated the petitioner of the allegation. It is also submitted
that in the event if privilege of anticipatory bail is granted to the
petitioner, the petitioner will not abscond rather will cooperate
in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
Patna High Court CR. MISC. No.17056 of 2026(2) dt.09-04-2026
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from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Kateya P.S. Case No. 358 of 2024, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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