Patna High Court
Vijay Singh @ Vijay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application is rejected because the petitioners, after rejection of their earlier anticipatory bail plea, failed to surrender and instead filed successive anticipatory bail applications, disentitling them to discretionary relief.
Summary
The petitioners, Vijay Singh and Lalan Singh, sought anticipatory bail in Mohiuddin Nagar P.S. Case No. 159 of 2022, registered under Sections 324 and 307 IPC and Section 27 of the Arms Act, on the allegation that during a marriage ceremony one petitioner fired shots and injured the informant's husband, who was hospitalized in the ICU. The petitioners had earlier filed Cr. Misc. No. 67953 of 2022, which was rejected on 04.02.2023, but instead of surrendering they waited about three years and filed another anticipatory bail application before the Sessions Judge, Samastipur, which was also rejected on 06.01.2026. The Sessions Judge had observed that if they surrendered and sought regular bail, it would be considered without prejudice, yet the petitioners again avoided surrender and filed the present anticipatory bail application in the High Court. The High Court criticized the growing tendency of accused persons opening fire at social functions to show importance and injuring or killing innocent invitees. It further held that after rejection of anticipatory bail, the petitioners should have respected the law and surrendered instead of roaming free and filing successive petitions. Finding no ground for relief, the Court rejected the anticipatory bail application. It also directed the Superintendent of Police, Samastipur, to report how the accused had been filing successive anticipatory bail applications for four years despite the 2022 FIR, and listed the case for 03.04.2026 under 'To Be Mentioned'.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the rejection of their earlier anticipatory bail application and their failure to surrender.
- Whether successive anticipatory bail applications are maintainable when the accused has not surrendered or sought regular bail after earlier rejection.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 324
Subjects
- anticipatory bail
- successive bail applications
- rejection of bail
- surrender
- Indian Penal Code Section 307
- Indian Penal Code Section 324
- Arms Act Section 27
- firing at marriage ceremony
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15491 of 2026
Arising Out of PS. Case No.-159 Year-2022 Thana- MOHIUDDIN NAGAR District-
Samastipur
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1. Vijay Singh @ Vijay Kumar Singh S/o- Kamal Singh @ Kamal Nath Singh
Village- Bishanpur Beri, Matiour PS- Mohiuddin Nagar, Dist- Samastipur
2. Lalan Singh @ Lalan Kumar Singh S/o- Kamal Singh @ Kamal Nath Singh
Village- Bishanpur Beri, Matiour PS- Mohiuddin Nagar, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ankit Katriar, Advocate
: Mr. Md Shadab Alam Wazdi, Advocate
For the State : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 11-03-2026 Heard Mr. Ankit Katriar, learned counsel for the
petitioners and Mr. Bharat Bhushan, learned APP representing
the State.
2. The petitioners are apprehending their arrest in
connection with Mohiuddin Nagar P.S. Case No. 159 of 2022
registered for the offence punishable under Sections 324 and
307 of the Indian Penal Code and section 27 of the Arms Act,
lodged on 02.07.2022 by the informant Rina Devi.
3. As per the prosecution story, the informant, a lady
alleged that her husband had gone to attend the marriage
ceremony of the daughter of Pappu Singh where the petitioner
was making 'harsh' firing in which his husband became the
unfortunate victim and the bullet hit his body. He was rushed to
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Narayani Hospital, Patna and at the time of lodging of the FIR,
was going under treatment in ‘the ICU’.
4. The petitioners earlier moved before this Court in
Cr. Misc. No. 67953 of 2022 (Vijay Singh & Ors. vs. The State
of Bihar) which came to be rejected on 04.02.2023. Thereafter
the petitioners instead of appearing before the court and
surrender/file bail application, sat over the matter for three years
and preferred another anticipatory bail application before the
learned Sessions Judge, Samastipur which was rejected on
06.01.2026.
5. The learned Sessions Judge while rejecting the
petitioner observed that if the petitioners surrender and seek
bail, the court shall see to it that the same is taken into
consideration without being prejudiced by any observation
made therein. However, once again the petitioners chose to look
the other way and preferred the present anticipatory bail before
this Court which is now being considered.
6. Any function/happier moments are turned into a
sad story due to these kind of incident where the accused first to
show their importance, opens fire and in the process injuries,
sometimes even kill innocent invitee. Further, once their
anticipatory bail was rejected, the petitioners should have
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respected the law of the land and further should have
surrendered. Instead, they are roaming free and as recorded
above, are filing petitions according to their own whims.
7. In that background, no relief can be granted and the
anticipatory bail application stands rejected.
8. The Superintendent of Police, Samastipur shall be
submitting a report as to how the two accused who are named in
the Mohiuddin Nagar P.S. Case No. 159 of 2022 are filing one
after another anticipatory bail application for last four years
despite the fact that the F.I.R. has been lodged in the year 2022.
9. List this case on 03.04.2026 under the heading ‘To
Be Mentioned’ to peruse the report submitted by the
Superintendent of Police, Samastipur.
10. Mr. Bharat Bhushan, learned APP shall be
informing the Superintendent of Police, Samastipur and
submitting a report on his/her behalf.
11. Additionally, the the office also send a copy of the
order to the Superintendent of Police, Samastipur for his/her
perusal and needful.
(Rajiv Roy, J)
vinayak/-
U T
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