Patna High Court
Nand Kishore SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, finding no specific evidence of their involvement in the alleged offences.
Summary
The petitioners, Nand Kishore Singh and Raushan Kumar Singh, were implicated in a police case (No. 381 of 2025) alleging offences under several sections of the Bhartiya Nyaya Sanhita, 2023, stemming from an incident where co‑accused Amarjit Singh fired indiscriminately, injuring the informant's relatives. The petitioners contended they were merely co‑sharers with no direct involvement in the firing or assault. The learned counsel argued there was no specific overt act attributable to them, and the allegations against them were general. The Court examined the nature of the allegations and the lack of specific evidence linking the petitioners to the violent act. Finding that the specific charge of firing rested on Amarjit Singh and that the petitioners faced only a general allegation, the Court granted them anticipatory bail subject to conditions. The order directed the petitioners to surrender within four weeks and furnish bail bonds as per Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the general and omnibus allegations against them
- Whether the lack of specific overt act by the petitioners justifies the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- co‑accused liability
- general allegation
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18927 of 2026
Arising Out of PS. Case No.-381 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
1. Nand Kishore Singh S/o Bashishth Singh Resident of Village- Mahammad,
PS- Bhagwanpur Hat, Distt.- Siwan
2. Raushan Kumar Singh S/o Nand Kishore Singh Resident of Village-
Mahammad, PS- Bhagwanpur Hat, Distt.- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Mr.Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 16-04-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Bhagwanpur Hat Police Station Case No. 381 of 2025,
dated 07-09-2025, disclosing offences punishable under
Sections 126(2)/115(2)/118(1)/109/352/351(2)/3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 07.09.2025, at about 09:30 AM, the accused
persons had blocked the back path of the informant by
keeping a Nad (used for feeding cattle). When protested,
the petitioners, along with other co-accused persons,
Patna High Court CR. MISC. No.18927 of 2026(2) dt.16-04-2026
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variously armed, started abusing and assaulting the
informant and others. Co-accused Amarjit Singh started
indiscriminate firing and the bullet hit the father-in-law of
the informant in his abdomen and the elder brother-in-law
in his shoulder and back.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in this case. He further submits that both the parties are
co-sharers and there is no overt act alleged against these
petitioners. The specific allegation of firing and causing
injuries is upon co-accused Amarjit Singh.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
both the parties are co-shares, there is general and
omnibus allegation against them and the specific
allegation of firing is against co-accused Amarjit Singh, I
am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
Patna High Court CR. MISC. No.18927 of 2026(2) dt.16-04-2026
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furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Siwan,
in connection with Bhagwanpur Hat Police Station Case
No. 381 of 2025, subject to the condition laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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