Patna High Court
Nandu Singh @ Nandu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Nandu Singh, sought anticipatory bail fearing arrest in a case registered under IPC sections 147, 148, 149, 304 and Arms Act section 27, where the FIR alleged he ordered an attack that resulted in firing and a bomb explosion. He contended that the investigation report cleared him, no direct allegation of firing or bomb‑explosion was made against him, and co‑accused had already been granted anticipatory bail. The State opposed the bail on the basis of the FIR allegations. The Court examined the facts, noted the investigating agency had not sent the petitioner for trial and that the primary charge of opening fire rested on another accused who was already on bail. Consequently, the Court granted anticipatory bail to the petitioner, subject to a bond of Rs.10,000, two sureties, and conditions under Section 438(2) CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations in the FIR.
- Whether the petitioner’s lack of direct involvement and the investigation’s final report justify bail.
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS, 2023 in granting anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 304
Subjects
- anticipatory bail
- criminal procedure
- IPC
- Arms Act
- Section 438 CrPC
- BNSS
- bail conditions
- Nawada
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3021 of 2026
Arising Out of PS. Case No.-200 Year-2018 Thana- AKBARPUR District- Nawada
======================================================
Nandu Singh @ Nandu Kumar Singh Son of Late Gauri Singh Resident of
Village - Bhanail, P.S.- Akbarpur (Now Namdarganj), District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 147, 148,
149 and 304 of the Indian Penal Code and Section 27 of the
Arms Act.
3. The allegation in the First Information report is
that all the accused persons including the petitioner came to the
house of the informant and upon order of Nandu Singh
(petitioner), co-accused Gopal Singh fired at the son of the
informant causing injury to him and co-accused Uday Singh
exploded bomb while fleeing away from the place of
occurrence.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.3021 of 2026(2) dt.28-01-2026
2/3
although the name of the petitioner features in the First
Information Report as an order giver but after investigation
there was a final form in his favour and he was not sent up for
trial, subsequently cognizance was taken against him differing
with the said final report. It is then the apprehension of arrest
arose. It is further submitted that it would be apparent from the
First Information Report itself that there is no allegation of
assault or opening of fire or exploding bomb attributed to the
petitioner and the co-accused Uday Singh, who is said to have
exploded bomb had already been granted privilege of
anticipatory bail by a Co-ordinate Bench of this Court vide
order dated 07.01.2019 passed in Cr. Misc. No.78224 of 2018
and another accused person was also granted privilege of
anticipatory bail by a Co-ordinate Bench of this Court.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6.Taking into consideration the facts and
circumstances and considering that the Investigating Agency did
not send up the petitioner for trial, coupled with fact that the
thrust of allegation of opening fire is upon Gopal Singh, who
has already been granted regular bail, let the above named
Patna High Court CR. MISC. No.3021 of 2026(2) dt.28-01-2026
3/3
petitioner, who has no criminal antecedent, be released on bail,
in the event of his arrest or surrender before the learned Court
below within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees 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 Akbarpur P.S. Case No. 200 of 2018, subject to
the condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…