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Patna High Court

Shivshankar Singh @ Shree Singh @ Shree Yadav @ Shivshankar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a Rs.10,000 bond, two sureties, and specific conditions.

Summary

The petitioner, Shivshankar Singh, was arrested on 15‑12‑2025 in connection with a FIR alleging offences under Sections 103(1), 61(2), 109 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that the accused, including the petitioner, ran towards an informant and his relatives, after which co‑accused Ajit Yadav and Sonu Yadav fired, causing a death, and the group fled. The petitioner contended that he has a clean antecedent, was falsely implicated, and that the FIR specifically charges only the co‑accused with firing, not him. The informant’s counsel and the Additional Public Prosecutor opposed bail, asserting the petitioner’s active participation. The Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the nature of the alleged offences and the circumstances of his alleged involvement?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • Arms Act
  • Bihar Narcotic Substances Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22731 of 2026
                        Arising Out of PS. Case No.-389 Year-2025 Thana- RAJPUR District- Buxar
                 ======================================================
                 Shivshankar Singh @ Shree Singh @ Shree Yadav @ Shivshankar Yadav S/O
                 Late Mahar Singh @ Manohar Singh R/o Vill.- Ahiyapur, P.s- Rajpur, Dist-
                 Buxar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Priya Ranjan, Advocate
                                                  Mr. Abhishek Anand, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 For the Informant        :       Mr. Jai Prakash Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   12-05-2026                       Heard Mr. Priya Ranjan, learned counsel for the

                   petitioner, Mr. Jai Prakash Singh, learned counsel for the

                   informant and Mr. Navin Kumar Pandey, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   15.12.2025 in connection with Rajpur P.S. Case No. 389 of

                   2025, F.I.R. dated 15.12.2025 for the offences punishable under

                   Sections 103(1), 61(2), 109 and 3(5) of the BNS, 2023 and

                   Section 27 of the Arms Act.

                                3.      According to prosecution case, all the accused

                   persons including this petitioner were running towards the

                   informant and his relative and co-accused, Ajit Yadav and Sonu
Patna High Court CR. MISC. No.22731 of 2026(3) dt.12-05-2026
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          Yadav fired upon informant's relative due to which he died.

          Thereafter, all the accused persons started firing upon them and

          fled from the spot.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. He further submits that due to

          Rajpur P.S. Case No. 180 of 2025 which was filed against the

          informant and other accused persons, the petitioner has falsely

          been implicated in the present case. He further submits that

          although petitioner is named in the FIR but from perusal of the

          FIR it appears that the specific allegation of firing is against the

          co-accused, namely, Ajit Yadav and Sonu Yadav and there is no

          specific allegation of assault or firing against the petitioner. He

          further submits that the police after investigation submitted the

          charge sheet against the petitioner. The petitioner is in custody

          since 15.12.2025.

                      5. The learned counsel for the informant as well as

          learned Additional Public Prosecutor have vehemently opposed

          the prayer for bail of the petitioner and submits that the

          petitioner has actively participated in the present crime in
Patna High Court CR. MISC. No.22731 of 2026(3) dt.12-05-2026
                                            3/4




          question but from perusal of the FIR it appears that the specific

          allegation is against the co-accused, namely, Ajit Yadav and

          Sonu Yadav.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned CJM,

          Buxar in connection with Rajpur P.S. Case No. 389 of 2025,

          subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
            Patna High Court CR. MISC. No.22731 of 2026(3) dt.12-05-2026
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                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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