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Patna High Court

Madhurendra Singh @ Funnu SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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