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Patna High Court

Jayram Singh @ Jairam SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s clean antecedent, completed investigation, and lack of proof of his presence at the incident, bail should be granted subject to conditions.

Summary

The petitioner, Jayram Singh, was charged in a land‑dispute case for assault and shooting the informant’s son, facing multiple IPC offences and a provision of the Arms Act. He claimed he was absent at the time, being in Bhagalpur for medical treatment and examinations, and asserted a clean antecedent. The prosecution presented medical evidence of a grievous firearm injury to the informant’s son, alleging the petitioner fired the shot. The court noted that the investigation was complete, the charge‑sheet filed, and co‑accused had already been granted bail. Considering the petitioner’s clean record, the period of custody, and the lack of direct evidence of his presence, the court ordered his release on bail with specified conditions. The bail was to be secured with a Rs 10,000 bond and two sureties, subject to compliance with Section 480(3) of the BNSS and other conditions.

Issues considered

  • What is the appropriate decision on the bail application of the petitioner charged under multiple IPC sections and the Arms Act?
  • Does the petitioner’s alleged absence at the time of the incident and clean antecedent justify granting bail despite serious charges?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Arms Act
  • land dispute
  • assault
  • grievous injury
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18618 of 2026
                       Arising Out of PS. Case No.-325 Year-2024 Thana- AMARPUR District- Banka
                 ======================================================
                 Jayram Singh @ Jairam Singh S/O Late Sachindra Prasad Singh @ Sachindra
                 Singh R/O Village - Nandalal Patti, P.S- Amarpur, Distt.- Banka.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivnandan Bharti, Advocate
                 For the Informant        :       Mr. Krishna Prasad Singh, Sr. Advocate
                                                  Mr. Sangiv Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   24-06-2026                   Heard learned counsel for the petitioner and learned

                   senior counsel appearing on behalf of the informant as well as

                   learned APP for the State.

                                 02. In the present case, the petitioner seeks bail in

                   connection with Amarpur P.S. Case No. 325 of 2024 registered

                   for the alleged offences under Sections 341, 323, 307, 324, 354,

                   369, 504, 506/34 of the Indian Penal Code and Section 27 of the

                   Arms Act.

                                 03. As per prosecution case, petitioner and other co-

                   accused persons, in the background of land dispute, assaulted

                   the son of the informant and her other family members.

                   Allegation against the petitioner is that he fired upon the son of

                   the informant and shot grazed the chin and caused further injury

                   in his cervical area. Other co-accused persons assaulted another

                   son of the informant with spade.
Patna High Court CR. MISC. No.18618 of 2026(3) dt.24-06-2026
                                            2/3




                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. The petitioner was not even present at the time of

          occurrence as he was residing in Bhagalpur and had been

          preparing for examinations. The petitioner was getting treatment

          for his illness in the Jawahar Lal Nehru Medical College &

          Hospital on the date of occurrence. Learned counsel further

          submits that other co-accused persons have been granted regular

          bail as well as anticipatory bail by different Co-ordinate

          Benches of this Court vide order dated 22.10.2024 passed in Cr.

          Misc. No. 74105 of 2024 and order dated 03.04.2025 passed in

          Cr. Misc. No. 89787 of 2024, respectively. Investigation has

          been completed in this case and police has submitted charge-

          sheet on 28.08.2024. The petitioner is having clean antecedent

          and he is in custody since 28.11.2025.

                       05. Learned senior counsel appearing on behalf of the

          informant as well as learned APP for the State vehemently

          oppose the submission made on behalf of the petitioner. Learned

          senior counsel submits that there is specific allegation against

          this petitioner that he shot at the son of the informant and the

          injury report supports the assault. One firearm injury was found

          on the son of the informant and a metallic object was extracted
           Patna High Court CR. MISC. No.18618 of 2026(3) dt.24-06-2026
                                                       3/3




                     from the cervical area. The injury could have proved fatal as it

                     was a grievous injury on a vital part.

                                  06. Having regard to the facts and circumstances and

                     submissions made on behalf of the parties and considering the

                     period of custody of the petitioner and his clean antecedent

                     along with submission of charge-sheet, the petitioner above

                     named is directed to be released on bail on furnishing bail bonds

                     of Rs. 10,000/- (ten thousand) with two sureties of the like

                     amount each to the satisfaction of learned Chief Judicial

                     Magistrate, Banka/court concerned in connection with Amarpur

                     P.S. Case No. 325 of 2024, subject to the conditions mentioned

                     in Section 480(3) of BNSS and the following conditions:

                                  (i) One of the bailors will be a close relative of
                                  the petitioner.
                                  (ii) The petitioner will remain present on each and
                                  every date fixed by the court below.
                                  (iii) In case of absence on three consecutive dates
                                  or in violation of the terms of the bail, the bail
                                  bond of the petitioner will be liable to be
                                  cancelled by the court concerned.



                                                             (Arun Kumar Jha, J)
Ashish/-

U      T


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