Patna High Court
Shivshankar Singh @ Shree Singh @ Shree Yadav @ Shivshankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 109, 3(5), 61(2)
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
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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
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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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