Patna High Court
Harendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5)
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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