Patna High Court
Bhagwan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Petitioner Bhagwan Singh was arrested in connection with a case involving multiple offences under the Indian Penal Code, including assault, robbery, and outraging the modesty of a woman. The prosecution alleged that he, along with others, assaulted an informant and his family, stole a gold ornament, and caused serious injuries. The petitioner contended that he was falsely implicated, that the allegations against him were vague, and that only a minor injury was proved against him; he also highlighted his lack of prior criminal record and the fact that a co‑accused had already been granted anticipatory bail. The State opposed the bail application. Considering the nature of the alleged injuries, the period of custody already endured, and the principle of parity with the co‑accused, the Court decided to grant bail on the condition of a cash bond and two sureties.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences alleged under the IPC and the circumstances of his custody
Legislation cited
- Indian Penal Code — s. 147, 149, 307, 323, 324, 325, 341, 354, 379, 504, 506
Subjects
- bail
- Indian Penal Code
- assault
- robbery
- outraging modesty
- anticipatory bail
- parity
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90724 of 2025
Arising Out of PS. Case No.-94 Year-2024 Thana- DARPA District- East Champaran
======================================================
Bhagwan Singh Son of Late Bhikhari Singh Resident of Village- Bakhtaura,
P.S.- Darpa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Darpa
P.S. Case No. 94 of 2024 instituted for the offences under
Sections 147, 149, 341, 323, 324, 325, 307, 354, 379, 504, 506
of the Indian Penal Code.
3. Prosecution case, in short, is that the accused
persons allegedly assaulted the informant with lathi, iron rod
and farsa causing fracture and other injuries and also assaulted
his family members when they intervened, snatched a gold
ornament, outraged the modesty of the informant’s wife, and
fled after causing injuries.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.90724 of 2025(2) dt.13-01-2026
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petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. The only
specific allegation against the petitioner is that he assaulted one
Ranjit Singh with lathi, however, as per the injury report, he
sustained simple injuries. He further submitted that police, after
completion of investigation submitted final form, however,
differing with the same, learned court below took cognizance. It
has been submitted on behalf of the petitioner that the petitioner
is in custody since 31.10.2025 and has no criminal antecedent.
The co-accused person has already been granted anticipatory
bail by a coordinate Bench of this Court vide order dated
08.01.2025 passed in Cr. Misc. No. 88757 of 2024.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity, the nature of injury as also
the period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.90724 of 2025(2) dt.13-01-2026
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Darpa P.S. Case
No. 94 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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