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Patna High Court

Ludo Singh @ Mukesh Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Ludo Singh was arrested for alleged instigation of a shooting that injured Mitesh Kumar Paswan, with charges under sections 126(2), 115(2), 118(2), 109 of the BNS and section 27 of the Arms Act. The prosecution alleged that Singh, along with two others, stopped the victims' bike and that Singh encouraged the firing, though the actual shot was fired by a co‑accused, Monu Kumar. Singh contended he was falsely implicated, had no prior criminal record, and that the injury was non‑vital, citing that a co‑accused had already been granted bail in a similar case. The State opposed bail, arguing the seriousness of the offences. The Court, considering the facts, the lack of prior antecedents, and the precedent of bail to the co‑accused, ordered regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with serious offences under the BNS and Arms Act
  • Whether mere instigation, without actual firing, warrants denial of bail
  • Whether the grant of bail to a co‑accused in a similar case influences the bail decision for the petitioner

Legislation cited

  • Arms Act — s. 27
  • BNS — s. 109, 115(2), 118(2), 126(2)

Subjects

  • regular bail
  • instigation
  • arms act
  • criminal procedure
  • bail jurisprudence
  • non‑vital injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10219 of 2026
                   Arising Out of PS. Case No.-301 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Ludo Singh @ Mukesh Kumar Singh S/O Ramjanam Singh @ Fuchhi Singh
                 R/O Village- Sakhmohan, P.S- Bibhutipur, District- Samastipur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-02-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126 (2),

                   115 (2), 118 (2) and 109 of the BNS and Section 27 of the Arms

                   Act.

                                3.     The case of the prosecution is that when Mitesh

                   Kumar Paswan and Chandan Kumar were returning home from

                   village Rampur on a bike after visiting a fair, as soon as they

                   reached near the school, three villagers, namely, Monu Kumar,

                   Dheeraj Kumar Singh and Ludo Singh (the petitioner herein)

                   asked them to stop the bike. When Mitesh Kumar Paswan did

                   not stop the bike, Dheeraj Kumar Singh and Ludo Singh

                   allegedly instigated to fire, upon which Monu Kumar fired a
Patna High Court CR. MISC. No.10219 of 2026(2) dt.20-02-2026
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          shot, causing a gunshot injury on the thigh of Mitesh Kumar

          Paswan, as a result of which he fell down.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further that from perusal

          of the FIR, it is clear that the petitioner has merely been alleged

          to have instigated the occurrence whereas the actual firing is

          attributed to the co-accused, Monu Kumar.            It is further

          submitted that from perusal of the order passed by the learned

          trial Court, it would also transpire that the gunshot injury was

          sustained on the dorsal thigh of leg with blow presented

          bleeding and an exit wound, one inch circular shift initial fossa.

          It is further submitted that the fire arm injury was not made on

          any vital part of the body.. Moreover, the main thrust of

          allegation is against Monu Kumar. It is contended that similarly

          situated co-accused, namely, Dhiraj Kumar Singh @ Shiraj

          Singh @ Dhiraj Kumar @ Dheeraj Kumar Singh has already

          been granted bail by a co-ordinate Bench of this Court vide

          order dated 28.01.2026 passed in Cr. Misc. No. 3036 of 2026.

          The case of this petitioner stands on similar footing. Moreover,

          the petitioner is languishing in judicial custody since 26.10.2025

          having no criminal antecedent.
            Patna High Court CR. MISC. No.10219 of 2026(2) dt.20-02-2026
                                                        3/3




                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Bibhutipur P.S. Case No. 301 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      SDJM, Rosera.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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