Patna High Court
Lakshman Singh @ Laxman SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34, 504
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
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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
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petitioner. Therefore, the prayer for bail of this petitioner is
dismissed.
(Sandeep Kumar, J)
sanjeev/-
U T
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