Patna High Court
Bishwajit Singh @ Bholu @ Bishwajeet SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 109, 115(2), 118(1), 126(2)m, 351(2)3(5), 352
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
2/4
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
3/4
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
4/4
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.