Patna High Court
Bishal Kumar Singh @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
Bishal Kumar Singh was named in an FIR for a firing incident alleged to have occurred between two groups, with charges under Sections 126(2), 115(2), 109, 352 and 3(5) of the Bihar Non‑Compulsory Statute (BNS) and Section 27 of the Arms Act. The petitioner argued that the informant who lodged the FIR was not an eye‑witness, no private complaint was filed, no injuries were reported, and only a single cartridge was recovered, rendering the case prima facie weak. The State opposed the bail application, citing the seriousness of the offences and the petitioner’s involvement in other criminal matters. The court examined the lack of direct evidence, the absence of any victim, and the procedural deficiencies in the FIR, and concluded that the prosecution’s case did not justify denial of bail. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the BNS and Arms Act.
- Whether the FIR, based on a non‑eye‑witness informant and lacking any injury or private complaint, establishes a prima facie case.
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- bail
- FIR
- informant
- eye‑witness
- Arms Act
- Section 438 CrPC
- Section 482 CrPC
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27072 of 2026
Arising Out of PS. Case No.-265 Year-2024 Thana- DHARHARA District- Munger
======================================================
Bishal Kumar Singh @ Vishal Kumar Son of Nirbhay Singh Resident of
Village- Khushaalpur (Mohanpur) PS- Dharhara Distt- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Ojha, Adv
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 27-04-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Dharhara P.S.
Case No. 265 of 2024 registered for the offences punishable
under Sections 126(2), 115(2), 109, 352 and 3(5) of the
BNS and Section 27 of the Arms Act.
3. As per FIR, indiscriminate firing opened between
the two groups, where petitioner was also the member of
one of the firing parties.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that for the occurrence of firing,
which took place between the two groups on the basis of
reporting of local chowkidaar, the informant who is Sub-
Patna High Court CR. MISC. No.27072 of 2026(2) dt.27-04-2026
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Inspector of Police, Dharhara Police Station, lodged the
present case. It is submitted that informant is not the eye-
witness of the occurrence. It is also submitted that no
private parties lodged case against this occurrence and none
received injuries and, therefore, the lodging of case under
Section 109(1) of the BNS, prima-facie appears not
convincing. It is submitted that in the background
indiscriminate firing between two parties only recovery of
one cartridge of .315 bore and one pellet of same bore
makes the allegation doubtful on its face. While concluding
arguments, it is submitted that petitioner found involved in
two more criminal cases, where he is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as prima-facie informant is not the eye-
witness of the occurrence, where no private complaint qua
occurrence was reported, coupled with the fact as admittedly
no injury was caused to anyone, accordingly petitioner
above-named, in the event of his arrest or surrender before
the court below within a period of four weeks, is directed to
Patna High Court CR. MISC. No.27072 of 2026(2) dt.27-04-2026
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be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM-III,
Munger/concerned Court, where the case is pending in
connection with Dharhara P.S. Case No. 265 of 2024,
subject to the conditions as laid down under Section 438(2)
of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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