Patna High Court
Sanjeev Kumar Singh @ Sandeep Kr. Singh @ Sandip SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner Sanjeev Kumar Singh was arrested in connection with a murder case (PS Maharajganj Case No.450/2025) alleging offences under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that the accused, riding on four motorcycles, fired on the informant’s brother, causing his death. The petitioner contended that he was falsely implicated, that no specific overt act was attributed to him, and that the co‑accused actually discharged the weapons; he also highlighted his lack of prior criminal record and his custody since 4 September 2025. The State opposed bail, arguing the seriousness of the charges. After considering the material, the court found the petitioner's claim of false implication plausible and, noting the period of custody, decided to grant bail subject to a cash bond of Rs 15,000, two sureties, and conditions regarding appearance, non‑tampering with evidence and non‑intimidation of witnesses. The trial court was directed to cancel bail if conditions are violated.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act given the facts of the case
- Whether the petitioner was specifically implicated in the alleged firing that caused the death
- Whether the period of custody and lack of prior criminal antecedent justify the grant of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)
Subjects
- bail
- criminal procedure
- false implication
- Arms Act
- Bharatiya Nyaya Sanhita
- sureties
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2422 of 2026
Arising Out of PS. Case No.-450 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Sanjeev Kumar Singh @ Sandeep Kr. Singh @ Sandip Singh S/o Ashok
Singh Resident of Village - Sinhota Dudhi Tola, P.S - Maharajganj, District -
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. N.N. Tiwari, APP
For the Informant : Mr. Ajay Kumar Pandey, Advocate
Ms. Shyama Rani, Advocate
Mr. Snaddep Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 23-02-2026 Heard Ms. Kumari Anupam, learned counsel for the
petitioner; Mr. Ajay Kumar Pandey, learned counsel for the
informant and Mr. N.N. Tiwari, learned APP for the State.
Perused the case diary.
2. The petitioner seeks bail in connection with
Maharajganj P.S. Case No. 450 of 2025 instituted for the
offences under Sections 103, 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. Prosecution case, in short, is that all the accused
persons came on four motorcycles, fired upon the informant’s
brother due to which he died.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.2422 of 2026(3) dt.23-02-2026
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petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. Learned
counsel further submitted that as per the material cropped up
during the investigation, it were the co-accused persons who
fired upon the deceased. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 04.09.2025 and
has no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail to
the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also 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
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 Maharajganj P.S.
Case No. 450 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
Patna High Court CR. MISC. No.2422 of 2026(3) dt.23-02-2026
3/3
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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