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Patna High Court

Bhagwan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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