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Patna High Court

Radheshyam Singh @ Pappu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that his clean antecedent and the absence of specific allegations against him justified release on bail.

Summary

The petitioner, Radheshyam Singh, was arrested on 15 April 2026 in connection with a FIR dated 31 March 2026 alleging offences under several sections of the Bihar Negotiable Substances Act, 2023. The prosecution alleged that the petitioner, along with co‑accused, assaulted the brother of the victim, but the petitioner claimed he was falsely implicated and had a clean antecedent. The defence highlighted that the FIR lacked specific allegations against him, the injury was minor, and similarly situated co‑accused had been granted bail by a coordinate bench. The Additional Public Prosecutor opposed bail, but the court considered the absence of specific charges, the case‑and‑counter‑case context, and the petitioner’s clean record. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the nature of the offences and the facts of the case?
  • Does the petitioner’s clean antecedent and lack of specific allegation against him warrant bail despite the prosecution’s opposition?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false FIR
  • clean antecedent
  • case and counter case
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40717 of 2026
                    Arising Out of PS. Case No.-100 Year-2026 Thana- PATAHI District- East Champaran
                 ======================================================
                 Radheshyam Singh @ Pappu Singh S/o- Late Anrudh Singh Resident of
                 village- Madmada P.S- Patahi District- East Champaran       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                      Heard Mr. Ajay Kumar Singh, learned counsel for

                   the petitioner and Mr. Pramod Kumar Pandey, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   15.04.2026 in connection with Patahi P.S. Case No. 100 of

                   2026, F.I.R. dated 31.03.2026 for the offences punishable under

                   Sections 126(2), 115(2), 109(1), 118(1), 352, 351(2), 303(2) and

                   3(5) of the BNS, 2023.

                               3.    According to prosecution case, all the accused

                   persons including this petitioner have assaulted the brother of

                   the victim.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   FIR is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.40717 of 2026(2) dt.30-06-2026
                                            2/3




          any offence as alleged in the FIR. It appears from the FIR that

          due to some petty dispute the present occurrence has taken place

          and there is case and counter case between the parties. From

          perusal of the FIR it appears that there is no specific allegation

          against the petitioner rather the same is against co-accused

          Mdhukant Singh, Bittu Singh and Sunny Singh. Although the

          brother of the informant received injury but his injury report

          suggest that the same is simple in nature caused by hard and

          blunt substance (Annexure-3). He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner. He further submits that similarly situated, co-accused,

          namely, Madhurendra Singh & Others have been granted bail by

          a Co-ordinate Bench of this Court vide order dated 16.06.2026

          passed in Cr. Misc. No. 37825 of 2026. The petitioner is in

          custody since 15.04.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, there is no specific

          allegation against the petitioner and there is case and counter

          case between the parties, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten
            Patna High Court CR. MISC. No.40717 of 2026(2) dt.30-06-2026
                                                        3/3




                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Judicial Magistrate 1st Class,

                      Motihari, East Champaran in connection with Patahi P.S. Case

                      No. 100 of 2026, subject to the following conditions:-

                                   i. 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.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. 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 antecedent, 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)
Vanisha/-
U      T


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