Patna High Court
Krishna Singh @ Krishna Bahadur SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 190, 191(2), 191(3), 2(1)(d), 482(2), 61(2)
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
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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.
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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,
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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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