Patna High Court
Subodh Kumar Singh @ Subodh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions, as the allegations were not specific and no injury report was on record.
Summary
The petitioners Robbin Kumar and Manish Singh applied for anticipatory bail in connection with Gaya Mufassil Police Station Case No. 827 of 2025, which alleged offences under sections 191(2), 190, 109, 329(3) and 252 of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act. The prosecution alleged that the petitioners, along with several others, entered an informant’s house, abused the occupants and fired indiscriminately. The petitioners contended that the allegations were vague, that they were falsely implicated, and that no injury report was on record, despite their prior criminal antecedents. The State opposed the bail. The Court, noting the general nature of the allegations and the absence of an injury report, granted anticipatory bail to the petitioners subject to strict conditions under Section 482 of the BNSS, including bail bonds, sureties, regular appearances before the trial court and the Superintendent of Police. The order also dismissed the withdrawn application of petitioner 1, Subodh Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the accused in view of the general and omnibus nature of the allegations.
- Whether the presence of prior criminal antecedents precludes the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 190, 191(2), 252, 329(3), 482
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Arms Act
- general allegations
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2041 of 2026
Arising Out of PS. Case No.-827 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Subodh Kumar Singh @ Subodh Singh Son of Late Sitaram Singh Resident
of Village - Bhikhanpur, P.S. - Chakand, District - Gayaji.
2. Robbin Kumar Son of Bakil Singh Resident of Village - Bhikhanpur, P.S. -
Chakand, District - Gayaji.
3. Manish Singh Son of Late Binay Singh Resident of Village - Bhikhanpur,
P.S. - Chakand, District - Gayaji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. At the outset, learned counsel for the petitioners
seeks permission to withdraw the application on behalf of
petitioner no. 1, Subodh Kumar Singh.
3. Permission is accorded.
4. The application on behalf of petitioner no. 1,
Subodh Kumar Singh stands dismissed as withdrawn.
5. The petitioners no. 2 and 3 seek bail in anticipation
of their arrest in connection with Gaya Mufassil P.S. Case No.
827 of 2025 instituted for the offences punishable under
Patna High Court CR. MISC. No.2041 of 2026(3) dt.24-02-2026
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Sections 191(2), 190, 109, 329(3) and 252 of the Bharatiya
Nyaya Sanhita and Section 27 of the Arms Act.
6. As per the prosecution case, the allegation against
the petitioners no. 2 and 3 is that the petitioners and four named
accused persons along with 40 other unknown persons came at
the house of the informant in search of his son and started
abusing. It has been alleged that the petitioners were all
variously armed and they even resorted to indiscriminate firing
and when the local villagers came to the place of occurrence all
the accused fled away.
7. Learned counsel for the petitioners no. 2 and 3
submits that the petitioners have falsely been implicated with
general and omnibus allegation and it has not been specified
whether the petitioners were carrying any arms. It has further
been submitted that only because the petitioners carry long list
of antecedents they have falsely been implicated in the present
case, however, they have no concern with the said incident. It
has next been submitted that for the same incident a counter
case has also been lodged being Mufassil P. S. Case No. 831
of 2025 which was lodged by the wife of petitioner no. 1,
Subodh Kumar Singh. It has been contended that though the
petitioners have four criminal antecedents but they are on bail in
Patna High Court CR. MISC. No.2041 of 2026(3) dt.24-02-2026
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all such cases.
8. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
9. Considering the facts aforesaid and looking at the
allegations being general and omnibus with no injury report
being on record, the petitioners no. 2 and 3 namely Robbin
Kumar and Manish Singh are directed to be released on bail, in
the event of their arrest or surrender before the court below
within a period of four weeks from the date of
receipt/production of a copy of this order, on their furnishing
bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Gaya in connection with
Gaya Mufassil P.S. Case No. 827 of 2025, subject to the
conditions as laid down under Section 482 of the BNSS and
subject to the following conditions:-
(i) One of the bailors will be a close
relative of the petitioners and the other shall be a
local resident:
(ii) the petitioners will remain present on
each and every date fixed by the Court below, if so
required by the learned Trial Court;
(iii) in case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bonds of the petitioners will liable to be
cancelled by the Court concerned;
(iv) the Court below shall verify the
criminal antecedent of the petitioners and in case at
any stage, it is found that they have concealed their
Patna High Court CR. MISC. No.2041 of 2026(3) dt.24-02-2026
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criminal antecedents, the court below shall take step
for cancellation of bail bonds of the petitioners.
However, the acceptance of bail bonds in terms of
the above mentioned order shall not be delayed for
purpose of the same on in the name of verification.
(vi) in view of the antecedents of the
petitioners, the petitioners are directed to appear
before the Superintendent of Police concerned
within fifteen days of his release with a copy of this
order and every two weeks thereafter for the next
nine months. The conduct of the petitioners will be
kept under watch in this period by the
Superintendent of Police concerned and if it is found
wanting in any respect, a report shall be made to the
court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail.
After reporting to the Superintendent of Police, a
certificate will be filed by the petitioners before the
court concerned.
10. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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