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Patna High Court

Avdhesh SinhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted to the petitioner.

Summary

Avdhesh Sinha was charged under multiple sections of the Indian Penal Code and Section 27 of the Arms Act for allegedly firing at an informant's leg amid a land dispute. The petitioner, who had been in custody since 23 February 2026, argued that the injury was simple with no fracture and that he had no prior criminal record. The State opposed bail, citing the seriousness of the offences. The court considered the land‑dispute context, the minor nature of the injury, the petitioner’s age, lack of antecedents, and the period of custody, and decided to grant bail. Bail was ordered on a bond of Rs. 10,000 with two sureties, subject to the Chief Judicial Magistrate’s satisfaction, and the court clarified that its observations were prima facie and not on the merits of the case.

Issues considered

  • Whether bail should be granted to the accused in view of the nature of the offences and the surrounding circumstances

Legislation cited

Subjects

  • bail
  • land dispute
  • IPC offences
  • Arms Act
  • simple injury
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35304 of 2026
                    Arising out of PS. Case No.-350 Year-2018 Thana- KHAJANCHI HAT District- Purnia
                 ======================================================
                 Avdhesh Sinha, S/o Late Mahesh Lal Sinha, Resident of Village-
                 Mohammadpur-Gogra, P.S. Kadwa, District-Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Prasad, Adv.
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   21-05-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in K. Hat (Sahayak) P.S.

                   Case No. 350 of 2018 registered for the offences under sections

                   341, 448, 342, 323, 307, 504, 506, 34 of IPC and Section 27 of

                   Arms Act.

                               3. The allegation is that in the backdrop of land

                   dispute the petitioner is alleged to have fired on the leg of the

                   informant.

                                4. Learned counsel for the petitioner submits that the

                   injury report shows no fracture and the nature of injury has been

                   found to be simple in nature. He further submits that the

                   petitioner is in custody since 23.02.2026 and has no criminal

                   antecedent.
                Patna High Court CR. MISC. No.35304 of 2026(2) dt.21-05-2026
                                            2/2




                     5. Learned Additional Public Prosecutor for the State

           has vehemently opposed the prayer for bail of the petitioner.

                     6. Considering the backdrop of land dispute, simple

           injury, age of the petitioner, absence of criminal antecedent and

           that the petitioner is in custody since 23.02.2026, this court is

           inclined to grant bail to the petitioners.

                     7. Let the petitioner, above named, be released

           on bail on furnishing bail bonds of Rs. 10,000/- (Ten

           thousand) each with two sureties of the like amount

           each to the satisfaction of the learned Chief Judicial

           Magistrate,       Purnea,        in     connection          with    K   Hat

           (Sahayak) P.S. Case No. 350 of 2018.

                      8. It is made clear that any observation made

           herein is 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.



                                           (Ansul, J)
Vikash/-

U      T


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