Bishwajit Singh @ Bholu @ Bishwajeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41247 of 2026 Arising Out of PS. Case No.-381 Year-2025 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Bishwajit Singh @ Bholu @ Bishwajeet Singh S/o Late Ashok Singh Resident of Village- Mahmda, P.O.- Mahmda, P.S.- Bhagwanpur Hat, DistrictSiwan (Bihar), Pin- 841406 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the Informant :

Mr. Shashank Shekhar, Advocate :

Mr. Hareram Singh, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-07-2026 Heard Mr. Rakesh Singh, learned counsel for the petitioner, Mr. Shashank Shekhar, learned counsel for the Informant as well as Mr. Jai Narain Thakur, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 31.10.2025 in connection with Bhagwanpur Hatt P.S. Case No. 381 of 2025, F.I.R. dated 07.09.2025 for the offences punishable under Sections 109, 126(2)m 115(2), 118(1), 352, 351(2)3(5) of the Bharatiya Nyay Sanhita, 2023 and later on Section 103(1) of BNS was added and Section 27 of Arms Act.

3. Earlier, the petitioner was granted bail by this Court vide order dated 07.04.2026 passed in Cr. Misc. No. 22373 of

2/4 2026. However, the petitioner could not furnish the bail bond as the learned trial court did not accept the same on account of his criminal antecedents. In the bail application, the petitioner disclosed only one criminal antecedent apart from the present case. However, it subsequently came to light that the petitioner is involved in one additional criminal case besides the present case, which was not disclosed in the bail application. On this ground, the learned trial court declined to accept the petitioner's bail bond.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Although the petitioner is named in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or firing attributed against him rather the allegation against him are general and omnibus in nature. He next submits that specific allegation of firing is attributed against co-accused, namely, Amarjeet Singh@ Golu that he has fired upon the informant's father-in-law and bother-in-law and they received firearm injury and during treatment they died. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 31.10.2025.

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5. The learned Additional Public Prosecutor as well as learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner on the ground that petitioner was present at the place of occurrence and apart from that petitioner carries two criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.

6. Considering the aforesaid facts and circumstances and the fact the earlier the petitioner was granted the privilege of bail, 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 District and Additional Sessions Judge-X, Siwan in connection with Bhagwanpur Hatt P.S. Case No. 381 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be 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

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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) Suruchi/- U T