Patna High Court
Satyam Singh @ Satyam Kr SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail.
Summary
The petitioner sought bail in a case registered under Section 109 of the B.N.S. and Section 27 of the Arms Act, alleging that he was falsely implicated. The prosecution alleged that three persons arrived on a bike and one fired at an informant, injuring him. The petitioner argued that the FIR was lodged against unknown persons and that the informant’s statement under Section 180 of the B.N.S.S. did not name him; his name appeared only in a co‑accused’s confessional statement. The court noted that a similarly situated co‑accused had previously been granted bail and that the petitioner had been in custody since September 2025. Considering these facts, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under Section 109 of the B.N.S. and Section 27 of the Arms Act.
- Whether the FIR and the informant’s statement under Section 180 of the B.N.S.S. provide sufficient ground to deny bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Section 109
- Section 27 Arms Act
- false implication
- co‑accused precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20846 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Satyam Singh @ Satyam Kr Singh, S/o Pramod Singh, Resident of village-
Bairiya Dih, P.S.- Harsidhi, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the State : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Harsidhi P.S. Case No. 184 of 2025 registered for the offence
punishable under Section 109 of B.N.S. and Section 27 of the
Arms Act.
3. The case of the prosecution, in short, is that three
persons arrived on a bike at the counter of the informant’s shop
and one of them fired at the informant. The gunshot stuck the
informant on the left side of his jaw, causing him to fall on the
ground due to injury sustained.
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. From perusal
Patna High Court CR. MISC. No.20846 of 2026(2) dt.07-04-2026
2/2
of the F.I.R., it is clear that the F.I.R. was filed against unknown
miscreants. It has further been submitted that the informant
himself has given his statement under Section 180 of the B.N.S.S.
wherein he has not named any person. His name has surfaced only
on the basis of confessional statement of co-accused Amit
Srivastva. It has also been submitted that similarly situated co-
accused Vikash Kumar Yadav has been granted bail by this Court
vide Cr. Misc. No. 7743 of 2026. Moreover, petitioner is
languishing in judicial custody since 17.09.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
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 Additional
District and Sessions Judge-II, East Champaran, Motihari in
connection with Harsidhi P.S. Case No. 184 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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