Patna High Court
Ludo Singh @ Mukesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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
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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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