Patna High Court
Radheshyam Singh @ Pappu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Negotiable Substances Act — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
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
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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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