Patna High Court
Madhurendra Singh @ Funnu SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioner.
Summary
Madhurendra Singh was charged under Sections 329(4), 109, 351(2) and 352 of the Bharatiya Nyaya Sanhita and Sections 25(1‑B)(a) and 26 of the Arms Act for allegedly threatening an informant with a gun and for possession of two pistols and eight cartridges. The petitioner claimed innocence, alleging that the informant habitually files false FIRs, that the seizure list lacked his L.T.I. or signature, and that he is HIV‑positive and has already been in custody since 15‑11‑2025. He also highlighted his prior criminal antecedents, all of which resulted in bail, and undertook to cooperate with the investigation, asserting no risk of tampering with evidence or absconding. The State opposed bail. Considering the procedural irregularities, the petitioner’s health condition, the length of custody already served, and the absence of any flight risk, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted in a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the alleged non‑compliance with seizure procedures (absence of L.T.I. or signature) impacts the bail decision
- Whether the petitioner’s HIV‑positive status and period of custody justify bail
- Whether there is a risk of tampering with evidence or the petitioner absconding
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
- Bharatiya Nyaya Sanhita — s. 109, 329(4), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- HIV
- procedural irregularities
- seizure list
- threat with firearm
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11987 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- PHENHARA District- East Champaran
======================================================
Madhurendra Singh @ Funnu Singh Son of Lalit Vihari Singh @ Lalit Singh
Resident of Village- Ibrahumpur Parsauni, P.S.- Phenhara/Fenhara, District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offence punishable under Sections 329(4), 109, 351(2),
352 of Bharatiya Nyaya Sanhita and Sections 25(1-B)(a) and 26
of the Arms Act.
3. It is alleged that petitioner threatened the informant
on gun point. Police recovered two country made pistols and
eight live cartridges from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Further submission is that informant is habitual to
lodge the F.I.R. against the petitioner and his family members.
Nothing has been recovered from the conscious possession of
the petitioner. Petitioner is an H.I.V. positive patient. He next
Patna High Court CR. MISC. No.11987 of 2026(2) dt.25-02-2026
2/2
submits that the alleged seizure list does not contain the L.T.I. or
signature of the petitioner which is complete violation of
provision of B.N.S.S., 2023. Petitioner is in custody since
15.11.2025. He has got three criminal antecedents in which, two
cases are lodged by the informant and in all cases, petitioner is
on bail. Petitioner undertakes to co-operate in the investigation
and trial. There is no chance of tampering with the evidence or
absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, submissions of learned counsel for the parties,
petitioner is an H.I.V. positive patient and period of custody
undergone, let the above named petitioner 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 learned
Chief Judicial Magistrate, Motihari, East Champaran/concerned
Court in connection with Phenhara/Fenhara P.S. Case No. 259
of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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