Created by Fuzzy Cloud

Patna High Court

Ramchandra SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, finding no direct allegation of an overt act against him.

Summary

The petitioner, Ramchandra Singh, applied for regular bail in a case (PS Parbatta Case No. 119 of 2026) alleging offences under Sections 103(1), 61(2) and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The prosecution alleged that co‑accused Raja and Sudama Kumar fired at the informant's brother, resulting in death, and that the petitioner was part of a conspiracy. The petitioner’s counsel argued that the FIR specifically implicates only Raja and Sudama, with no overt act attributed to the petitioner, and highlighted his clean record and custody since 19‑03‑2026. The informant’s counsel opposed bail, asserting a direct allegation against the petitioner. After hearing both sides, the Court found insufficient material linking the petitioner to the alleged firing and, considering his lack of antecedents, ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is sufficiently implicated in the offences alleged under the B.N.S. and Arms Act to deny bail.
  • Whether the petitioner’s right to regular bail can be exercised despite the FIR’s mention of a conspiracy.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • Arms Act
  • conspiracy
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35375 of 2026
                      Arising Out of PS. Case No.-119 Year-2026 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Ramchandra Singh, S/o Ramrakchhi Singh, Resident of Village- Maraiya,
                 Ward No. 12, P.O.- Pipralatif, P.S.- Parbatta (Maraiya), District- Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

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

                   APP for the State through video conferencing.

                                2. The instant application for regular bail has been

                   filed by the petitioner in connection with Parbatta (Maraiya) P.S.

                   Case no. 119 of 2026 instituted for the offence under Sections

                   103(1), 61 (2) and 3 (5) of the B.N.S and Section 27 of the Arms

                   Act.

                                3. The prosecution case, in short, is that Raja and

                   Sudama Kumar have fired at the brother of the informant who

                   succumbed to the injuries.

                                4. Learned counsel for the petitioner has submitted

                   that in latter part of the F.I.R., it is alleged that the petitioner

                   along with others have hatched a conspiracy wherein the brother

                   of the informant was killed. Learned counsel for the petitioner
            Patna High Court CR. MISC. No.35375 of 2026(2) dt.21-05-2026
                                                        2/2




                      has submitted that from the perusal of the F.I.R, itself, it is clear

                      that specific allegation of firing is against Raja Kumar and

                      Sudama.

                                   5. Countering this, the learned counsel for the

                      informant has vehemently opposed the bail application of the

                      petitioner as there is direct allegation against the co-accused

                      Raja and Sudama. There is no allegation of any overt act against

                      this petitioner. Petitioner is having no criminal antecedent, he is

                      in custody since 19.03.2026.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this

                      Court is inclined to enlarge the petitioner on bail in connection

                      with Parbatta (Maraiya) P.S. Case no. 119 of 2026, he will be

                      enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                      ten thousand) with two sureties of the like amount each to the

                      satisfaction of learned Chief Judicial Magistrate, Khagaria.


                                            (Ashok Kumar Pandey, J)

Khushbu/ Utkarsh/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.