Patna High Court
Dheeraj Singh @ Dheeraj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Dheeraj Singh, was arrested in connection with a case (Bhore P.S. Case No. 420 of 2025) alleging that he, along with three others, fired eight shots at an informant, violating Sections 109 and 61 of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The informant’s statement identified the petitioner among the assailants, but the medical report did not specify the exact location of the bullets, leading the petitioner to claim innocence and false implication. The petitioner had been in judicial custody since 16 September 2025 and argued that the evidence was insufficient for continued detention. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the court considered the lack of conclusive medical evidence and the petitioner’s right to liberty, and ordered that bail be granted on a bond of Rs. 10,000 with two sureties.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail for offences under Sections 109, 61 of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act, considering the evidence and the petitioner’s prior criminal antecedents?
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 61
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- prior criminal antecedent
- medical evidence
- evidentiary assessment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19988 of 2026
Arising Out of PS. Case No.-420 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Dheeraj Singh @ Dheeraj Kumar Singh S/o- Hirdya Singh R/v- Nerui Ps-
Mirganj Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bhore P.S. Case No. 420 of 2025 registered for the offence
punishable under Sections 109, 61 of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others, has fired at the informant. It is
alleged that altogether eight gunshots were received by the
informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the injury report, it
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will transpire that the doctor conducting medical examination of
the informant has only found multiple number of gunshots
found on his body and has also reported that multiple numbers
of bullets present in the body of the patient. Hence, injury is
grievous in nature and caused by gunshot. He also submits that
from perusal of the injury report, it is clear that the doctor has
not mentioned in which part of the body the bullets were present
and has simply stated that multiple number of gunshots were
found in his body. He further submits that during the course of
investigation, the informant has given his restatement in which
he has stated that four persons, namely, Sahil Kumar, Balindra
Yadav, Sunil Yadav and the petitioner who were hiding
themselves near the road, came out, caught him and started
firing at him. Altogether eight gunshots were fired at him.
According to the version of the informant, the gunshots were
made from blank range, but the injury report does not support
the same. Moreover, the petitioner is languishing in judicial
custody since 16.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of three cases.
6. Having heard learned counsel for the parties and
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considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
S.D.J.M., Gopalganj in connection with Bhore P.S. Case No.
420 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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