Bipul Singh @ Vipul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15436 of 2026 Arising Out of PS. Case No.-299 Year-2025 Thana- DURAULI District- Siwan ====================================================== 1.
Bipul Singh @ Vipul Singh Son of Umesh Singh Resident Of Village - Darauli Sabji Mandi, P.S. - Darauli, Dist. - Siwan. 2.
Angad Singh Son of Shambhu Singh Resident Of Village - Darauli Sabji Mandi, P.S. - Darauli, Dist. - Siwan.
... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
G D/o Guddu Prasad R/o Village - Darauli Sabji Mandi, P.S. - Darauli, Dist. - Siwan.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary For the Opposite Party/s :
Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 12-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. Considering the nature of the allegations and the materials surfaced during the course of investigation, after some arguments, learned counsel for the petitioners seeks permission to withdraw the bail application insofar as petitioner no. 1 is concerned.
3. Permission is granted.
4. Accordingly, the bail application as against the petitioner no.1 is dismissed as withdrawn.
5. Now, this bail application is being considered
2/4 only with regard to the petitioner no.2.
6. The petitioner apprehends his arrest in connection with Darauli P.S. Case No.299 of 2025, dated 02.11.2025 registered for the offence punishable under Sections 351(2), 79, 126(2), 115(2), 65(1), 3(5) of the Bharatiya Nyaya Sanhita, Sections 4, 6 of the POCSO Act and Section 67B of the IT Act.
7. As per the FIR, accused Bipul Singh called the informant to Shiwala Ghat and forced her to drink a cold drink which made her unconscious, after which he sexually assaulted her. She further alleged that he threatened her with a video clip and uploaded the same on different social media platforms. It is further alleged that when the father of the informant confronted him, petitioner no. 2, who is the father of the main accused Bipul Singh, brutally assaulted the father of the informant.
8. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is no specific allegation against the petitioner to attract the provisions of the POCSO Act. On a bare perusal of the FIR, it would be evident that the allegation against petitioner no. 2 is only that when the father of the informant went to talk to the accused, petitioner no. 2 assaulted
3/4 him. It is further submitted that the entire allegation of sexually assaulting the informant and uploading her obscene video on social media has been levelled against Bipul Singh, whose bail application has already been withdrawn. Insofar as petitioner no. 2 is concerned, there is no allegation of sexual assault upon the informant, which would be evident from the impugned order. Lastly, it is submitted that the petitioner has no criminal antecedents.
9. On the other hand, learned APP for the State has opposed the prayer for bail of the petitioner but has submitted that the allegations under the POCSO Act are only against the accused Bipul Singh.
10. Considering the fact that there is no specific allegation against petitioner no. 2 regarding commission of the offence against the victim, let the above named petitioner no.2, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge Exclusive Court of POCSO, Siwan/Successor Court in connection with Darauli P.S. Case No.299 of 2025, subject to
4/4 the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
11. Accordingly, the bail application is partly allowed. (Ajit Kumar, J) shikha/- U T