Patna High Court
Roushan Singh @ Roushan Kr. Singh @ Roshan Singh @ Roshan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner is entitled to regular bail as the allegations do not merit continued detention despite his antecedents.
Summary
The petitioner, Roushan Singh, was arrested in connection with a case of assault alleged to have occurred at a complainant's house, where he and other accused allegedly attacked the complainant's daughter‑in‑law with an iron rod and rifle butt. He applied for regular bail under several sections of the Bhartiya Nyaya Sanhita, 2023, claiming false implication and citing his prior acquittals. The State opposed bail, emphasizing the seriousness of the charges and the petitioner’s ten criminal antecedents. The court considered the nature of the allegations, the duration of his custody since 13‑Jan‑2026, and the material gathered during investigation. It concluded that the allegations did not justify continued detention and ordered his release on bail upon furnishing a bond and sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bhartiya Nyaya Sanhita, 2023 despite the serious nature of the offences alleged.
- Whether the petitioner’s prior criminal antecedents warrant denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- regular bail
- Bhartiya Nyaya Sanhita
- assault
- false implication
- criminal antecedents
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28851 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- Balwahat District- Saharsa
======================================================
Roushan Singh @ Roushan Kr. Singh @ Roshan Singh @ Roshan Kumar
Singh Niranjan Singh alias Niranjan Kumar Singh R/o Village - Bhotia, Ward
No. 01, PS - Balwahat, District – Saharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
Mr. Dinesh Maharaj, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-07-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Balwahat P.S. Case
no.187 of 2025 registered under sections 126(2), 115(2), 118(1),
117(2), 109, 74, 303(2), 352, 351(2) and 3(5) of the Bhartiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the accused persons named in the FIR along with the
petitioner entered the aangan of his house and started to
misbehave with his daughter-in-law. The matter was reported to
the police. Thereafter, it is stated that the five named accused
persons came variously armed and amongst the accused, Ashok
Singh and Niranjan Singh assaulted with an iron rod and butt of
a rifle. There is allegation of assault against the petitioner and
others also.
Patna High Court CR. MISC. No.28851 of 2026(4) dt.01-07-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The
allegations are general and omnibus in nature. The petitioner is
in custody since 13.1.2026 and the main reason that the
application for bail has been rejected in the learned Court below
is his having ten criminal antecedents. In a number of cases, the
petitioner has been acquitted in the learned trial Court. The
petitioner undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR together with the petitioner having remained in custody
since 13.1.2026, the material that has transpired in course of
investigation and charge-sheet having been submitted in the
case, the petitioner is directed to be enlarged on bail in
connection with Balwahat P.S. Case no.187 of 2025 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 Chief Judicial Magistrate, Saharsa.
(Partha Sarthy, J)
Shiv/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.