Patna High Court
Vishal Chupal @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to bail and ordered his release on bail subject to the stipulated conditions.
Summary
Vishal Chupal, the petitioner, feared arrest in a case (PS No. 122 of 2024) involving alleged offences under several IPC sections, including rioting, assault, and criminal intimidation. The prosecution alleged that 17 persons, including the petitioner, assaulted the victim and the informant. The petitioner claimed innocence and that he was falsely implicated. The High Court, after hearing counsel, allowed the bail application. The court directed that if arrested or surrendered within four weeks, the petitioner be released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Code of Criminal Procedure, 1973.
- Whether the nature of the alleged offences under the IPC justifies denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 147, 148, 149, 308, 323, 324, 341, 504, 506
Subjects
- anticipatory bail
- bail
- IPC offences
- Criminal Procedure Code
- high court
- section 438
- section 482
- rioting
- assault
- criminal intimidation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51733 of 2025
Arising Out of PS. Case No.-122 Year-2024 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Vishal Chupal @ Vishal Kumar Son of Santosh Chaupal R/O Vill- Majhiyam,
P.S.- Kusheshwar Asthan, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kedar Jha
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Kusheswar Asthan P.S. Case No. 122 of 2024
registered for the offence under Sections 147, 148, 149, 341,
323, 324, 308, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, altogether 17
persons are said to have assaulted the victim and the petitioner
is alleged to have assaulted the informant on his head by a hard
and blunt substance.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case and there is general and omnibus
Patna High Court CR. MISC. No.51733 of 2025(4) dt.19-02-2026
2/2
allegation against the petitioner.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 Judicial
Magistrate, 1st Class, Biraul, Darbhanga/concerned Court below
in connection with Kusheswar Asthan P.S. Case No. 122 of
2024, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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