Patna High Court

DIGAMBER KUMAR SINGH @ DEEPAK YADAVversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court denied pre‑arrest bail to the petitioner.

Summary

The petitioner, Digamber Kumar Singh, sought pre‑arrest bail after being implicated in a FIR alleging that he and co‑accused fired upon an informant and his nephew, causing grievous firearm injury to the nephew. The charges include offences under sections 191(2), 191(3), 190, 126(2), 115(2), 109(1) and 352 of the Bihar Negotiable Statutes (BNS) and section 27 of the Arms Act. The court examined the seriousness of the alleged offences, the nature of the injury, and the overall gravity of the case. Considering these factors, the court found that the petitioner posed a risk of tampering with evidence and further offences. Consequently, the petition for pre‑arrest bail was rejected. The order was delivered by Hon’ble Mr. Justice Prabhat Kumar Singh.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail despite the seriousness of the charges and the grievous injury caused.

Legislation cited

Arms Act — s. 27
Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 352

Subjects

pre‑arrest bail
firearms offence
grievous injury
Bihar Penal Code
Arms Act
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3348 of 2026
                    Arising Out of PS. Case No.-339 Year-2025 Thana- NAUGACHIA District- Bhagalpur
                 ======================================================
                 DIGAMBER KUMAR SINGH @ DEEPAK YADAV Son of Choudhary
                 Prasad Yadav Resident of Village Dhobiniya, Police Station - Naugachia and
                 District - Bhagalpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Verma, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                        Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under section 191 ( 2 ), 191 (3), 190, 126

                   ( 2 ), 115 ( 2 ), 109 (1) and 352 of BNS and 27 of Arms Act.

                                 3 . As per F.I.R. this petitioner along with other co-

                   accused persons armed variously came and fired upon informant

                   and his nephew , as a result of which, nephew of the informant,

                   namely , Rajhans @ Vishal, sustained firearm injury which is

                   grievous in nature .

                                4. Considering the nature of accusation , nature of

                   injury sustained by nephew of informant, gravity of offence and

                   other circumstances of the case , prayer for pre – arrest bail of
            Patna High Court CR. MISC. No.3348 of 2026(2) dt.02-02-2026
                                                        2/2




                      petitioner is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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