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Patna High Court

Harendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner, subject to conditions.

Summary

Harendra Singh was arrested in connection with a shooting incident alleged to have occurred during a land dispute, and charged under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that Singh and co‑accused opened indiscriminate fire on the informant, causing injury, and then fled. Singh contended that he was falsely implicated, that no incriminating material was found on him, that there were no specific allegations of firing against him, and that the case stemmed from a village land dispute. The State opposed his bail, citing the seriousness of the offences. Considering the lack of direct evidence, the petitioner’s custody period, and his antecedents, the Court granted bail subject to a cash bond, sureties and several conditions, including appearance at trial and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the accused in offences under the Bharatiya Nyaya Sanhita and the Arms Act given the facts and custody period
  • Whether the absence of direct incriminating material and specific allegations against the petitioner warrants bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • false implication
  • land dispute
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2284 of 2026
                    Arising Out of PS. Case No.-283 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Harendra Singh S/o Hardwar Singh @ Haridwar Singh R/o Village - Jhaua @
                 Ghauan, P.O - Belwaniya, P.S - Bihiya, District - Bhojpur
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Sharma, Advocate
                                                  Mr. Rahul Singh, Advocate
                                                  Mr. Mayank Raj, Advocate
                                                  Mr. Adarsh Parashar, Advocate
                                                  Mr. Ravi Ranjan Kumar, Advocate
                 For the Opposite Party/s :       Mrs. Dr. Indiwar Kumari, APP
                 For the Informant        :       Mr. Ajay Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   20-02-2026                          Heard learned senior counsel for the petitioner,

                   learned APP for the State, learned counsel for the informant and

                   perused the case diary.

                                 2. The petitioner seeks bail in connection with Ara

                   Muffasil P.S. Case No. 283 of 2025, instituted for the offences

                   punishable under Sections 109, 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 27 of the Arms Act.

                                 3. The prosecution case, in short, is that while the

                   informant was coming back to his home, in the meantime, the

                   petitioner along with other co-accused persons stopped him and

                   made indiscriminate firing due to which he sustained gun shot

                   injury and fell down. Thereafter, the accused persons fled away

                   from the place of occurrence.
Patna High Court CR. MISC. No.2284 of 2026(3) dt.20-02-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the informant and petitioner are co-villagers

          and due to admitted land dispute, the petitioner has been falsely

          implicated in this case. It is next submitted that no specific

          allegation of firing has been made against the petitioner. There

          is no any witness to the alleged occurrence. It is further

          submitted that the petitioner has been arrested from his house

          and not from the place of occurrence. The petitioner is in

          custody since 15.10.2025 and has got two criminal antecedents

          in which he is on bail.

                       5. Learned APP for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing
             Patna High Court CR. MISC. No.2284 of 2026(3) dt.20-02-2026
                                                         3/3




                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Ara Muffasil P.S.

                       Case No. 283 of 2025, subject to the following conditions:

                                     (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                     (II) The petitioner shall appear on each and every date

                       fixed at the trial and shall not remain absent on two consecutive

                       dates without sufficient cause.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     (V) The petitioner shall not leave the territorial

                       jurisdiction of the learned Court below without taking prior

                       permission of the Court concerned.

                                     If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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