Patna High Court
Shambhu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to a bond of Rs. 10,000 with two sureties and verification of his antecedent.
Summary
Shambhu Singh, a resident of Olipur, was arrested in connection with a shooting incident where two persons, acting on his alleged orders, fired at a victim. He is charged under Sections 126(2), 109(1), 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The petitioner, claiming a clean antecedent and asserting innocence, applied for bail after being in custody since 30 January 2026. The High Court, after considering the facts and the period of detention, granted bail on a bond of Rs. 10,000 with two sureties, directing the lower court to verify his antecedent before accepting the bond. The Court clarified that its order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing the investigation.
- Whether the petitioner’s claim of a clean antecedent warrants bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109(1), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- antecedent verification
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27547 of 2026
Arising Out of PS. Case No.-448 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
Shambhu Singh Son of Late Jagdish Singh Resident of Village - Olipur, P.S.-
Jadopur, District - Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indrajeet Bhushan
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Manjhagarh P.S. Case No. 448 of 2025 registered for the offence
under Sections 126(2), 109(1), 3(5) of the BNS and under
Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is the
relative of the informant and he is the order giver. On his orders,
one Vishwakarma and Rishu have fired, which hit the victim.
4. The petitioner is in custody since 30.01.2026
and he claims to have clean antecedent.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case.
Patna High Court CR. MISC. No.27547 of 2026(2) dt.28-04-2026
2/2
6. Considering the facts of the case and period of
custody of the petitioner, this application is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with
Manjhagarh P.S. Case No. 448 of 2025.
8. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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