Patna High Court
Vishwas JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Vishwas Jaiswal, applied for regular bail in a case registered under Sections 121, 122, 103(1), 61(2) and 121(1) of the Bharatiya Nyaya Sanhita, alleging involvement in a fatal knife attack. The FIR alleges that the petitioner, along with co‑accused, inflicted a knife blow on the neck and chest of the informant's son, causing death. The petitioner contended innocence, arguing that the injury report showed only a single stab wound and that the assault allegation was vague. The State opposed bail, citing the seriousness of the offences. The court, noting the length of custody since 08‑08‑2025 and that the charge‑sheet had already been filed, granted regular bail on a bond of Rs. 10,000 with two sureties, directing release subject to satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with offences under Sections 121, 122, 103(1), 61(2) and 121(1) of the Bharatiya Nyaya Sanhita.
- Whether the period of custody and filing of the charge‑sheet justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 121, 121(1), 122, 61(2)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Sections 121, 122, 103(1), 61(2), 121(1)
- murder
- assault
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89658 of 2025
Arising Out of PS. Case No.-734 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Vishwas Jaiswal Son of Binod Kumar Resident of Village - Teliyapatti, P.S. -
Town, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Ranjan, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 10-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Motihari Town P. S. Case No. 734 of 2025 registered for the
offences punishable under Sections 121, 122, 103(1), 61(2),
121(1) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner along with co-accused
Raja Singh and Yash Kumar gave knife blow on the neck and
chest of the son of informant, resulting in his death.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. In the
injury report, only one stab injury was found on the person of
deceased. Allegation of assault is general and omnibus.
Patna High Court CR. MISC. No.89658 of 2025(4) dt.10-04-2026
2/2
Petitioner is in custody since 08.08.2025. Charge-sheet has
already been submitted.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering period of custody and the fact that
charge-sheet has been submitted, this bail application is
allowed. The petitioner, above named, is directed to 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 Chief Judicial Magistrate, East Champaran, Motihari
in connection with Motihari Town P. S. Case No. 734 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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