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Patna High Court

Krishna Singh @ Krishna Bahadur SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bond and conditions, as there was no direct allegation against him in the FIR.

Summary

The petitioner, Krishna Singh, sought anticipatory bail in connection with a FIR (PS Agiaon Case No. 58 of 2025) that alleged offences under the Bhartiya Nyaya Sanhita, 2023 and the Arms Act. The FIR named eight accused and four unknown persons for indiscriminate firing that resulted in the death of the informant’s son, but did not initially name the petitioner. The petitioner’s counsel argued that his name was later inserted in the case diary as part of a political conspiracy and that there was no direct allegation against him. The informant’s counsel and the State opposed bail, citing the seriousness of the offences and the alleged political rivalry behind the incident. Considering the petitioner’s age, clean record, lack of specific allegation in the FIR, and the conditions under Sections 2(1)(d) and 482(2) of the BNS, 2023, the court granted anticipatory bail subject to a bond of Rs.30,000 and other conditions.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not named in the FIR but appears in the case diary.
  • Whether the material on record establishes a prima facie case against the petitioner sufficient to deny bail.
  • Application of Section 2(1)(d) and Section 482(2) of the Bhartiya Nyaya Sanhita, 2023 in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • political rivalry
  • case diary
  • conspiracy
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13528 of 2026
                  Arising Out of PS. Case No.-58 Year-2025 Thana- AGION (GARHANI) District- Bhojpur
                 ======================================================
                 Krishna Singh @ Krishna Bahadur Singh Son of Shankar Dayal Singh
                 Resident of village -Laharpa PS -Agiaon (Garahani) Dist -Bhojpur At Present
                 Resident of Village- katras Road, Sanjay Nagar Matkuriya Ps- Katras, Dist-
                 Dhanbad, Jharkhand
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Krishna Prasad Singh, Senior Advocate
                                                 Mr. Makardhwaj Upadhyay, Advocate
                 For the State            :      Mrs. Renu Kumari, APP
                 For the Informant        :      Mr. Khalid Faizan Khurshid, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   29-04-2026                       Heard learned senior counsel for the petitioner,

                   learned APP for the State and learned counsel for the

                   informant.

                                2. The petitioner is apprehending arrest in

                   connection with Agiaon (G) P.S. Case No. 58 of 2025, dated

                   21.04.2025, lodged under Section 191(2), 191(3), 190,

                   103(1), 109(1) & 61(2) of the Bhartiya Nyaya Sanhita, 2023

                   (hereinafter referred to as “BNS, 2023”) and under Section

                   27 of the Arms Act.

                                3. As per the prosecution, FIR has been lodged

                   against eight named and four unknown accused persons,

                   excluding the present petitioner, alleging that when the
Patna High Court CR. MISC. No.13528 of 2026(3) dt.29-04-2026
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          informant’s son was returning to his village with his friends

          at about 9:00 PM, the named accused persons, along with 4-

          5 unknown accused persons, duly armed with rifles and

          pistols, surrounded the vehicle of the informant’s son and

          started indiscriminate firing, due to which the informant’s

          son and his friends, who were sitting in the Thar vehicle,

          became injured and subsequently died.

                       4. Learned senior counsel for the petitioner

          submits that the petitioner is innocent and has committed no

          offence. Counsel further submits that from the contents of

          the FIR, it becomes crystal clear that the petitioner is not

          named in the FIR, rather, the names of other accused

          persons have been categorically mentioned, and there is an

          allegation of indiscriminate firing therein.

                       5. Counsel further submits that the name of the

          petitioner has subsequently appeared in the case diary.

          Counsel further submits that the petitioner is aged about 61

          years, is a man of reputation, and that his name has been

          inserted in this case as part of a conspiracy. Counsel also

          submits that the petitioner is ready to fulfil all the

          conditions whatsoever that may be imposed.
Patna High Court CR. MISC. No.13528 of 2026(3) dt.29-04-2026
                                            3/4




                       6. Learned counsel for the informant vehemently

          opposes the prayer for bail and submits that the deceased

          were coming in a Thar vehicle, and on the issue of

          removing the vehicle, firing was started on the Thar vehicle,

          during which three persons died. Counsel further submits

          that in paragraph no. 95 of the case diary, it has been stated

          that the accused persons made indiscriminate firing, due to

          which the death of the informant’s son and others was

          caused.

                       7. Counsel further submits that at this juncture, the

          petitioner should not be granted bail and his bail application

          be rejected.

                       8. Learned APP for the State opposes the prayer

          for bail of the petitioner and submits that whatever

          statements have been made by the counsel for the informant

          are correct. Counsel further submits that in paragraph no. 94

          of the case diary, the cause of the dispute has also come in

          the case diary, which indicates that in the year 2021, during

          the Panchayat elections, there was a serious dispute

          between the parties, in which, at the alleged conspiracy of

          one Bablu Singh, three persons were killed on 20.04.2025,
         Patna High Court CR. MISC. No.13528 of 2026(3) dt.29-04-2026
                                                     4/4




                   and the present occurrence is stated to have taken place due

                   to political rivalry and revenge.

                                9. In the present facts and circumstances of the

                   case, as well as considering the age of the petitioner, his

                   criminal antecedent, and also considering that there is no

                   direct allegation against him in the FIR as well as in the

                   case diary, let the above-named petitioner be released on

                   anticipatory bail, in the event of arrest or surrender before

                   the Trial Court within a period of 4 weeks from today, on

                   furnishing bail bond of Rs.30,000/- (Rupees Thirty

                   Thousand) as mentioned in Section 2(1)(d) of the BNSS,

                   2023 to the satisfaction of A.C.J.M. VIII, Bhojpur at Ara, in

                   connection with Agiaon (G) P.S. Case No. 58 of 2025,

                   subject to the conditions as laid down U/s 482(2) of the

                   BNSS, 2023.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-

U


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