Patna High Court

Shyam Kumar SinghversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The Court granted regular bail to the petitioners.

Summary

The petitioners, Shyam Kumar Singh and his son Raushan Kumar Singh, were charged under several provisions of the B.N.S., 2023 and the Arms Act for allegedly opening fire on an informant, causing grievous injuries. They contended that they were falsely implicated, that the injury was simple, and that the case stemmed from a land dispute, also noting a prior criminal case for which they were already on bail. The State opposed the bail application, emphasizing the seriousness of the offences. The Court examined the nature of the injury, the lack of evidence of repeated firing, and the petitioners’ antecedent bail status. Considering these factors, the Court ordered that the petitioners be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties each. The application for bail was therefore allowed.

Issues considered

Whether the petitioners are entitled to regular bail despite charges under Sections 126(2), 115(2), 118(2), 109, 352 and 3(5) of the B.N.S., 2023 and Sections 25(1‑b)a, 26, 27 of the Arms Act.
The impact of the alleged land dispute and the classification of the injury on the bail decision.
The relevance of the petitioners’ prior criminal antecedent and current custody status to the grant of bail.

Legislation cited

Arms Act — s. 25(1‑b)a, 26, 27
B.N.S., 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 352

Subjects

bail
regular bail
firearms
land dispute
serious offences
B.N.S. 2023
Arms Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10430 of 2026
                    Arising Out of PS. Case No.-277 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
           1.     Shyam Kumar Singh S/O Late Rajeshwar Singh R/O Village- Laksariya,
                  Ward No. 10, P.S - Jaynagar, Districts - Madhubani.
           2.     Raushan Kumar Singh S/O Shyam Kumar Singh R/O Village- Laksariya,
                  Ward No.- 10, P.S - Jaynagar, Districts - Madhubani.
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Alias Ashok Karn, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Jaynagar P.S. Case No.

                   277 of 2025 registered for the offences punishable under Section

                   126(2), 115(2), 118(2), 109, 352 and 3(5) of the B.N.S., 2023

                   and Sections 25(1-b)a, 26, 27 of the Amrs Act.

                                3. The prosecution story, in short, is that, at the behest

                   of petitioner no. 1, petitioner no. 2 opened fire at the informant,

                   causing him grievous injuries.

                                4. Learned counsel for the petitioners has submitted

                   that the petitioners are innocent and have falsely been

                   implicated in this case. It has further been submitted that there is

                   a case and counter case between the parties and the petitioners
              Patna High Court CR. MISC. No.10430 of 2026(3) dt.01-04-2026
                                                          2/2




                        side also lodged the F.I.R. bearing Jaynagar P.S. Case No. 69 of

                        2025 against the informant and his family members and as per

                        the F.I.R. itself, there is a land dispute between the parties. It has

                        also been submitted that despite being a gun shot wound, the

                        injury is classified as simple in nature and there is no allegation

                        of repetition of firing against the petitioners. It has lastly been

                        submitted that the petitioners have one criminal antecedent in

                        which they are on bail and are in custody since 15.08.2025.

                                     5. Learned APP for the State has vehemently opposed

                        the prayer for bail of the petitioners.

                                     6. Considering the aforesaid submissions of the

                        parties and taking into account the facts and circumstance of the

                        case, let the petitioners above-named, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                        each with two sureties of the like amount each to the satisfaction

                        of learned Court concerned, Madhubani, in connection with

                        Jayanagar P.S. Case No. 277 of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T

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