Patna High Court
Video SinghversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Video Singh, was charged under Sections 292, 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26 and 27 of the Arms Act for allegedly firing at a victim without causing injury and being found in possession of a country‑made pistol and live cartridges. He applied for regular bail, contending innocence and citing that a co‑accused had been granted bail in a similar case. The State opposed the bail. Considering the facts, the period of custody since July 2025, and the lack of injury, the High Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with attendance and cooperation conditions. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the conditions imposed for bail are appropriate and sufficient to ensure the petitioner’s attendance and cooperation.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 292, 3(5)
Subjects
- regular bail
- bail conditions
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27612 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- DHAMDAHA District- Purnia
======================================================
Video Singh S/o Late Nago Singh @ Nageshwar Singh Resident of Village-
Kasmara, P.S.-Dhamdaha, District-Purnea.
... ... Petitioner/s
Versus
The state of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Dhamdaha P.S. Case No. 187 of 2025 registered for the offence
under Section(s) 292, 109 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 25(1-b)a, 26 and 27 of the Arms Act.
3. As per the prosecution case, the petitioner is
accused of firing at the victim who did not sustain any injury.
The petitioner was apprehended with a country made pistol and
two live cartridges.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 07.07.2025. It is further submitted
that similarly situated co-accused person has been granted
Patna High Court CR. MISC. No.27612 of 2026(2) dt.28-04-2026
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regular bail by a co-ordinate Bench of this Court vide Cr. Misc.
No. 84307 of 2025 dated 09.12.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the materials available on record and the period of custody, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Dhamdaha P.S.
Case No. 187 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Dhamdaha Police Station
on every Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.27612 of 2026(2) dt.28-04-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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