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Patna High Court

Lakshman Singh @ Laxman SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted to the petitioner.

Summary

Lakshman Singh was arrested in connection with a 2020 case alleging his participation in indiscriminate firing that killed a man, charged under IPC sections 302, 504, 34 and Arms Act section 27. He applied for bail, arguing that no specific role was assigned to him and citing a prior bail order granted to a co‑accused, Arvind Singh. The State opposed, contending that the petitioner’s involvement in the murder was evident and that the earlier bail order was inapplicable. The court noted that the petitioner had been in custody since September 2025 and was an absconder with respect to the 2020 FIR. Considering the seriousness of the offences and the lack of a clear role, the court declined to grant bail. Consequently, the bail petition was dismissed.

Issues considered

  • Whether bail should be granted to the petitioner charged with murder, assault, and illegal possession of arms under Sections 302, 504, 34 of the IPC and Section 27 of the Arms Act.
  • Whether the earlier bail order granted to a co‑accused is applicable to the petitioner.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • common intention
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25147 of 2026
                     Arising Out of PS. Case No.-149 Year-2020 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Lakshman Singh @ Laxman Singh Son of Late Upendra Singh R/o Village -
                 Patraha, P.S.- Chautham, Distt. - Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandan Kumar Kashyap
                 For the Opposite Party/s :       Mr.Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chautham P.S. Case No. 149 of 2020 registered for the offence

                   punishable under Sections 302, 504, 34 of the I.P.C. and Section

                   27 of Arms Act.

                                3. As per the prosecution case, the informant states

                   that as a result of indiscriminate firing resorted to by the four

                   named accused persons including the petitioner herein as also 3-

                   4 unknown persons, his father sustained gunshot injuries and

                   died.

                                4. Learned counsel for the petitioner submits that no

                   specific role has been assign to the accused petitioner, therefore,

                   he may be granted bail. He further submits that the petitioner is
Patna High Court CR. MISC. No.25147 of 2026(2) dt.16-04-2026
                                            2/3




          in jail since 19.09.2025 and similarly situated co-accused,

          Arvind Singh @ Arvind Kumar Singh has been granted bail by a

          Coordinate Bench of this Court vide order dated 28.11.2025

          passed in Cr. Misc. No.77052 of 2025.

                       5. Learned APP, Smt. Pushpa Sinha, appearing for the

          State have vehemently opposed the prayer for bail of the

          petitioner and has submitted that it is not possible for a witness

          to assign a role to a particular person when firing is being made

          indiscriminately by the petitioner.

                       6. I have considered the submissions of the parties.

          The petitioner is alleged to have participated in the killing of the

          deceased firing indiscriminately. He is in jail since 19.09.2025.

          So far as the reliance of the petitioner on the order of this Court

          passed in Cr. Misc. No.77052 of 2025 (Arvind Singh@Arvind

          Kumar Singh vs. State of Bihar) is concerned, it is misplaced

          as Arvind Singh was granted bail on 28.11.2025 since he was in

          custody since 25.05.2023, i.e., for more than two years.

          Moreover the petitioner is an absconder as the case was

          registered in the year 2020 and he is in custody since

          19.09.2025.

                       7. Considering the facts and circumstances of the case

          and submissions of parties, I am not inclined to grant bail to the
            Patna High Court CR. MISC. No.25147 of 2026(2) dt.16-04-2026
                                                        3/3




                      petitioner. Therefore, the prayer for bail of this petitioner is

                      dismissed.




                                                                       (Sandeep Kumar, J)

sanjeev/-

U       T


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