Patna High Court
Jatta SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
Jatta Singh was arrested on 29 October 2025 in connection with a case involving alleged assault on the informant's uncle, with charges under several sections of the Bihar Negotiable Instruments Act, 2023. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the dispute stemmed from a land conflict. The prosecution opposed bail, arguing the seriousness of the offences. The court noted the petitioner’s clean record and the existence of a case‑counter‑case, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of any concealed criminal antecedent, with cancellation provisions if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bihar Negotiable Instruments Act, 2023.
- Whether the petitioner’s clean antecedent and the existence of a case‑counter‑case justify bail.
- Whether conditions can be imposed to safeguard the trial process.
Subjects
- bail
- criminal procedure
- assault
- false FIR
- land dispute
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90764 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- SANDESH District- Bhojpur
======================================================
Jatta Singh Son of Kamal Singh @ Kamla Singh Resident of village - Dihari,
P.S.- Sandesh, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Shiv Prasad Gupta, learned counsel for
the petitioner and Mr. Kumar Veerendra Narayan, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.10.2025 in connection with Sandesh P.S. Case No. 117 of
2025, F.I.R. dated 23.05.2025 for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115, 332(c), 109 and 352
of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner have assaulted to the
informant's uncle due to which he received injury.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.90764 of 2025(2) dt.13-01-2026
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F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. There is case and counter
case between the parties. There is allegation against the
petitioner that he has assaulted to the informant's uncle, namely,
Sajan Singh on his head by means of iron rod due to which he
has received injury and the injury report of the injured person
suggest that the injury is grievous in nature. He further submits
that due to admitted land dispute the present occurrence has
taken place. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 29.10.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and there is case and
counter case between the parties, let the petitioner, above
named, 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 CJM, Bhojpur at Ara in
connection with Sandesh P.S. Case No. 117 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.90764 of 2025(2) dt.13-01-2026
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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 bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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