Patna High Court
Vishwaroop Singh @ Vishwarup SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 125(a), 126(2), 329(3), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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