Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 351, 62, 64(1)
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
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(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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