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Patna High Court

Vishwaroop Singh @ Vishwarup SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Summary

Vishwaroop Singh sought bail after being implicated in FIR No. 287/2025 for alleged assault with an iron rod, alleged by an agnate informant during a land measurement dispute. The petitioner claimed innocence, noting a pending civil suit and that the injuries were minor, while the prosecution highlighted four prior criminal cases, three of which were on bail and one acquitted. The court examined whether the seriousness of the offences under the Bhartiya Nyay Sanhita and the petitioner’s antecedents warranted denial of bail. Applying Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, the court concluded that bail could be granted with stringent conditions. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with conditions regarding cooperation, presence, and non‑tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to bail under Section 438(2) CrPC given the nature of the offences and his criminal antecedents.
  • Whether the pending civil dispute and familial relationship between petitioner and informant affect the bail decision.
  • Whether the alleged assault, despite being minor, justifies denial of bail.

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • assault
  • civil dispute
  • Section 438
  • Section 482
  • Bhartiya Nyay Sanhita
  • criminal procedure
  • pending FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88886 of 2025
                 Arising Out of PS. Case No.-287 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Vishwaroop Singh @ Vishwarup Singh S/O Late Shrijeet Singh R/O Chaita,
                 P.S- Karidayal, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rahul Singh, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                     Heard Mr. Rahul Singh, learned counsel for the

                   petitioner and Mr. Abhay Kumar Roy, learned Additional Public

                   Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Pakridayal P.S. Case No. 287 of 2025, F.I.R.

                   dated 15.06.2025 for the offences punishable under Sections

                   126(2), 115(2), 109, 125(a), 329(3), 352, 351(2), 3(5) of the

                   Bhartiya Nyay Sanhita, 2023.

                               3. As per the First Information Report, the informant

                   alleged that when he was getting his land measured, during the

                   course, the petitioner along with other co-accused persons

                   arrived and assaulted him by means of iron rod.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.88886 of 2025(2) dt.12-01-2026
                                            2/3




          present case. The petitioner and informant are agnates to each

          other and there is case and counter case and one civil suit is

          pending between the parties. Although there is specific

          allegation against the petitioner that he has assaulted the

          informant and the informant received injury but the injury report

          of the informant suggest that injury inflicted upon him is simple

          in nature

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          apart from that the petitioner carries four criminal antecedents

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that out of the four cases, the

          petitioner is on bail in three matters and acquitted in one.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, in the event of arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, 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

          A.C.J.M., 8th, East Champaran, Motihari in connection with

          Pakridayal P.S. Case No. 287 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal
            Patna High Court CR. MISC. No.88886 of 2025(2) dt.12-01-2026
                                                        3/3




                      Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

                      Sanhita and with other 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 bond 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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