Patna High Court
Suman Singh @ Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court rejected the petitioner's regular bail application.
Summary
The petitioner, Suman Singh, was charged under Sections 109(1), 118(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 read with Section 27 of the Arms Act for allegedly firing at an informant and causing a chest injury. He applied for regular bail, claiming he was falsely implicated and that the injury was minor. The State opposed bail, highlighting that the petitioner had previously sought anticipatory bail, which was denied, and that he misrepresented his antecedent record, indicating a lack of clean hands. The State further argued that granting bail could enable the petitioner to abscond or tamper with evidence. The Court, after considering these submissions, found the petitioner’s conduct and the seriousness of the offences warranted denial of bail and rejected the regular bail application.
Issues considered
- Whether regular bail should be granted to the petitioner despite the seriousness of the offences under the BNS Act and Arms Act.
- Whether the petitioner’s prior misrepresentation of his antecedent record affects his entitlement to bail.
- Whether there is a risk of the petitioner absconding or tampering with evidence if released on bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 118(1), 3(5)
Subjects
- regular bail
- anticipatory bail
- Arms Act
- Bihar Narcotic Substances Act
- false implication
- antecedent record
- evidence tampering
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25253 of 2026
Arising Out of PS. Case No.-384 Year-2025 Thana- AMARPUR District- Banka
======================================================
Suman Singh @ Sumit Kumar S/O Late Bibhishan Singh R/O Village-
Bhadariya, P.S- Amarpur, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 109(1), 118(1) and 3(5) of
the BNS, 2023 read with Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and is in custody since
02.02.2026 and the informant alleges that while he was coming
back from the sand ghat by his tractor when he was intercepted
by petitioner, Amrit, Rahul and Amresh and on orders of
Amresh, petitioner and Amrit fired causing injury on left side of
his chest.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.25253 of 2026(2) dt.13-05-2026
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informant, it is next submitted that even presuming what has
been alleged is true without admitting then the injury suffered
by the injured has been opined to be simple in nature. It is
further submitted that though it is alleged that petitioner along
with Amrit fired, but then the informant suffered only one
injury.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner and submits that petitioner had
earlier moved before this Court seeking anticipatory bail by
filing Criminal Miscellaneous No. 67744 of 2025 and the same
came to be rejected by an order dated 24.09.2025 and at Para-3
of Criminal Miscellaneous No. 67744 of 2025, it was pleaded
that petitioner has antecedent of one case, whereas in the instant
regular bail application, it is pleaded that petitioner has
antecedent of two cases, which amply demonstrates that
petitioner, on earlier occasion, had not approached the Court
with clean hands, it is next submitted that a person who does not
approach the Court with clean hands at any point of time, should
not be dealt leniently.
6. It is also submitted by the learned APP that
informant specifically alleges that this petitioner along with
Amrit fired causing firearm injury on his chest. It is further
Patna High Court CR. MISC. No.25253 of 2026(2) dt.13-05-2026
3/3
submitted that if privilege of regular bail is granted to the
petitioner, he may abscond or try to tamper with the evidence, as
on the earlier occasion also while seeking anticipatory bail, he
had tried to mislead the Court by pleading that he has
antecedent of one case only.
7. Considering the submissions made by the learned
APP for the State, the Court is not inclined to release the
petitioner on bail.
8. Accordingly, the instant regular bail application
stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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