Patna High Court
Ramchandra SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5), 61(2)
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
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