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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Given the petitioner’s clean antecedent and the nature of the allegations, bail was granted subject to strict conditions.

Summary

Vishal Kumar was arrested on 14‑12‑2025 in connection with a case alleging that he attempted to have a physical relationship with an informant, offences being punishable under Sections 64(1), 62 and 351 of the B.N.S., 2023. The petitioner claimed a clean antecedent and that the allegations were false and fabricated due to a prior dispute. The State opposed bail, but the court considered the petitioner’s lack of prior criminal record and the nature of the accusation. The court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order was made effective immediately, subject to cancellation if conditions are breached.

Issues considered

  • Whether bail should be granted in a case involving offences under Sections 64(1), 62 and 351 of the B.N.S., 2023.
  • Whether the petitioner’s clean antecedent and claim of false implication justify the grant of bail.
  • What conditions, if any, should be imposed on bail in such circumstances.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • clean antecedent
  • false implication
  • Section 64(1) B.N.S.
  • Section 62 B.N.S.
  • Section 351 B.N.S.
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25174 of 2026
                        Arising Out of PS. Case No.-428 Year-2025 Thana- SISWAN District- Siwan
                 ======================================================
                 Vishal Kumar Son of Munna Prasad Resident of Village- Chainpur, P.O.-
                 Chainpur, P.S.- Siswan (Chainpur OP), District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-04-2026                    Heard Mr. Mukesh Prasad Singh, learned counsel for

                   the petitioner and Mr. Jai Narain Thakur, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   14.12.2025, in connection with Siswan P.S. Case No. 428 of

                   2025, G.R. No. 8215 of 2025, F.I.R. dated 13.12.2025

                   registered      for    the   offences       punishable       under      Sections

                   64(1)/62/351 of the B.N.S., 2023.

                                3. Allegation against the petitioner is that he has tried

                   to make physical relation with the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.              He further submits that the

                   allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.25174 of 2026(2) dt.16-04-2026
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          petitioner has not committed any offence as alleged in the F.I.R.

          and due to some previous dispute, the petitioner has been falsely

          implicated in the present case. He further submits that the police

          after investigation submitted chargesheet against the petitioner

          and the petitioner is in custody since 14.12.2025.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and as

          per allegation in the F.I.R the petitioner has tried to make

          physical relation with the informant, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned A.C.J.M. VII, Siwan

          in connection with Siswan P.S. Case No. 428 of 2025, G.R. No.

          8215 of 2025, subject to the following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.
               Patna High Court CR. MISC. No.25174 of 2026(2) dt.16-04-2026
                                                           3/3




                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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