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Patna High Court

Bishwajit Singh @ Bholu @ Bishwajeet SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Bishwajit Singh, detained since 31 October 2025 for offences under the Bharatiya Nyay Sanhita and the Arms Act, applied for bail after an earlier bail order was thwarted because he failed to disclose an additional criminal case. The prosecution opposed bail, citing his presence at the crime scene and two prior convictions. The petitioner argued innocence, claiming the FIR only contains general allegations and that the specific firing charge pertains to a co‑accused. The court noted the earlier bail grant and, despite the non‑disclosure, ordered his release on bail with a Rs 10,000 bond, two sureties, and strict conditions regarding court attendance, evidence tampering, and verification of antecedents. The bail bond is to be accepted without delay, but may be cancelled if conditions are breached.

Issues considered

  • Whether bail can be granted despite the petitioner's failure to disclose an additional criminal antecedent.
  • Whether the petitioner's presence at the scene and prior convictions justify denial of bail.
  • Whether the earlier bail order can be revived under the present circumstances.

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • non-disclosure
  • Bharatiya Nyay Sanhita
  • Arms Act
  • court conditions
  • presence at crime scene

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41247 of 2026
                  Arising Out of PS. Case No.-381 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Bishwajit Singh @ Bholu @ Bishwajeet Singh S/o Late Ashok Singh
                 Resident of Village- Mahmda, P.O.- Mahmda, P.S.- Bhagwanpur Hat, District-
                 Siwan (Bihar), Pin- 841406

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

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

2   01-07-2026                          Heard Mr. Rakesh Singh, learned counsel for the

                   petitioner, Mr. Shashank Shekhar, learned counsel for the

                   Informant as well as Mr. Jai Narain Thakur, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   31.10.2025 in connection with Bhagwanpur Hatt P.S. Case No.

                   381 of 2025, F.I.R. dated 07.09.2025 for the offences punishable

                   under Sections 109, 126(2)m 115(2), 118(1), 352, 351(2)3(5) of

                   the Bharatiya Nyay Sanhita, 2023 and later on Section 103(1) of

                   BNS was added and Section 27 of Arms Act.

                                3. Earlier, the petitioner was granted bail by this Court

                   vide order dated 07.04.2026 passed in Cr. Misc. No. 22373 of
Patna High Court CR. MISC. No.41247 of 2026(2) dt.01-07-2026
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          2026. However, the petitioner could not furnish the bail bond as

          the learned trial court did not accept the same on account of his

          criminal antecedents.          In the bail application, the petitioner

          disclosed only one criminal antecedent apart from the present

          case. However, it subsequently came to light that the petitioner

          is involved in one additional criminal case besides the present

          case, which was not disclosed in the bail application. On this

          ground, the learned trial court declined to accept the petitioner's

          bail bond.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. Although the petitioner is named in the FIR but

          from bare perusal of the FIR it appears that there is no specific

          allegation of assault or firing attributed against him rather the

          allegation against him are general and omnibus in nature. He

          next submits that specific allegation of firing is attributed

          against co-accused, namely, Amarjeet Singh@ Golu that he has

          fired upon the informant’s father-in-law and bother-in-law and

          they received firearm injury and during treatment they died. He

          further submits that the police after investigation submitted the

          charge sheet against the petitioner                  and the petitioner is in

          custody since 31.10.2025.
Patna High Court CR. MISC. No.41247 of 2026(2) dt.01-07-2026
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                      5. The learned Additional Public Prosecutor as well as

          learned counsel for the Informant have vehemently opposed the

          prayer for bail of the petitioner on the ground that petitioner was

          present at the place of occurrence and apart from that petitioner

          carries two criminal antecedents other than the present one but

          fairly submits on the basis of paragraph-3 of the bail application

          that the petitioner is on bail in the said matters.

                       6. Considering the aforesaid facts and circumstances

          and the fact the earlier the petitioner was granted the privilege

          of bail, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          District and Additional Sessions Judge-X, Siwan in connection

          with Bhagwanpur Hatt P.S. Case No. 381 of 2025, 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
            Patna High Court CR. MISC. No.41247 of 2026(2) dt.01-07-2026
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                      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)
Suruchi/-

U      T


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