Patna High Court

Vishwanath PrasadversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioners subject to a bond of Rs.10,000 with two sureties each.

Summary

The petitioners, a group of individuals from Ghorasahan, sought bail fearing arrest in a case (PS Case No. 510/2023) alleging offences under sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code. The prosecution alleged that the petitioners assaulted an informant and his sons and looted Rs.1.50 lakh from a grocery shop. The petitioners claimed innocence, asserting that the injuries were simple and that they were falsely implicated. The State opposed the bail application, emphasizing the seriousness of the accusations. The Court, after hearing both sides, considered the nature of the allegations and the petitioners' apprehension of arrest, and allowed bail on the condition of a Rs.10,000 bond with two sureties each, to be satisfied before the Sub‑Divisional Judicial Magistrate. The order thus granted bail to all petitioners.

Issues considered

Whether bail should be granted to the petitioners accused of offences under sections 341, 323, 324, 307, 504 and 506/34 of the IPC
Whether the petitioners' apprehension of arrest and claim of false implication merit bail

Legislation cited

Indian Penal Code — s. 307, 323, 324, 341, 504, 506/34

Subjects

bail
Indian Penal Code
assault
robbery
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60374 of 2025
                     Arising Out of PS. Case No.-510 Year-2023 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
           1.     Vishwanath Prasad S/o Late Laxaman Prasad R/o vill - Ghorasahan, P.S.-
                  Ghorasahan, Distt.- East Champaran
           2.    Chandra Shekhar Jaiswal S/o Vishwanath Prasad R/o vill - Ghorasahan, P.S.-
                 Ghorasahan, Distt.- East Champaran
           3.    Shailendra Jaiswal @ Shailenda Kumar @ Shailendra Kumar S/o
                 Vishwanath Prasad R/o vill - Ghorasahan, P.S.- Ghorasahan, Distt.- East
                 Champaran
           4.    Shashi Jaiswal @ Shashi Kumar S/o Vishwanath Prasad R/o vill -
                 Ghorasahan, P.S.- Ghorasahan, Distt.- East Champaran
           5.    Shivam Kumar S/o Ajay Prasad Jaiswal R/o vill - Ghorasahan, P.S.-
                 Ghorasahan, Distt.- East Champaran
           6.    Bandhu Yadav @ Bandhu Kumar @ Bandhu Rai @ Din Bandhu Yadav S/o
                 Hirday Ray R/o vill - Kadamawa Gumsaha tola, P.S.- Ghorasahan, Distt.-
                 East Champaran
           7.     Jitendra Kushwaha @ Jitendra Kumar S/o Late Jay Mangal Mahto R/o vill -
                  Ghorasahan, P.S.- Ghorasahan, Distt.- East Champaran
                                                                            ... ... Petitioners
                                                   Versus
                 The State of Bihar                                   ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :      Mr.Sunil Kumar Pandey, A.P.P.
                                                 Mr. K.P. Singh, Senior Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   02-02-2026                  Heard learned counsel for the parties.
                                2. Petitioners apprehend arrest in a case registered for
                   the offence punishable under sections 341, 323, 324, 307, 504,
                   506/34 of the Indian Penal Code.
                                3.As per prosecution case, petitioners assaulted the
                   informant and his sons with farsa and looted Rs.1.50 lacs from
                   the grocery shop.
                                4. Learned counsel appearing for the petitioner
                   submits that the petitioner is innocent and has falsely been
                   implicated in this case. Doctor has found simple injury. Case
             Patna High Court CR. MISC. No.60374 of 2025(4) dt.02-02-2026
                                                         2/2




                       and counter case.
                                    5. Learned counsel for the State and the informant
                       oppose the prayer for bail.
                                    6. Considering the nature of accusation, in the event
                       of arrest or surrender within eight weeks from today, prayer for
                       bail of these petitioners is allowed. Let the petitioners,
                       mentioned above, be enlarged on bail on furnishing bail bond of
                       Rs.10,000/- (ten thousand) each with two sureties of the like
                       amount each to the satisfaction of Sub Divisional Judicial
                       Magistrate, Sikarhana at Dhaka, Motihari, East Champaran in
                       Ghorasahan Police Station Case No. 510/2023.



                                             (Prabhat Kumar Singh, J)
Shashi

U        T

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