Patna High Court
Baiju SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding no specific allegation against him and deeming bail appropriate.
Summary
Baiju Singh was arrested in connection with a case involving alleged assault with deadly weapons and the death of Amol Kumar, under Sections 191(2), 191(3), 190, 103(1) and 115(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s case rests on the statement of Uday Singh, alleging that co‑accused Gautam Kumar fired the fatal shot, while Singh is only alleged to have been a member of the unlawful assembly. Singh, who has been in custody since 30‑09‑2025 and has one prior criminal antecedent, contended that he was falsely implicated and that no specific charge links him to the offence. The State opposed bail, but the court noted the lack of specific allegations, the petitioner’s custody period, and the grant of bail to a co‑accused in a related matter. Consequently, the court ordered Singh’s release on bail with a bond of Rs. 15,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner’s alleged participation as a member of an unlawful assembly constitutes a sufficient ground to deny bail.
- Whether the lack of specific allegations against the petitioner warrants bail in the interest of parity with co‑accused.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 190, 191(2), 191(3)
Subjects
- bail
- unlawful assembly
- Arms Act
- Bharatiya Nyaya Sanhita
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3943 of 2026
Arising Out of PS. Case No.-43 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
Baiju Singh Son of Lt. Chandeshwar Singh Resident Of Village - Lodipur,
Mansurpur, P.S. - Khushrupur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Khushrupur P.S. Case No. 43 of 2025 instituted for the offence
under Sections 191(2), 191(3), 190, 103(1) & 115(2) of the
Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case is based on the fardbeyan of
Uday Singh recorded on 27.01.2025 at NMCH, Patna, wherein
it is alleged that the informant’s family was attacked at their
home by FIR-named accused with deadly weapons, and his son
Amol Kumar was shot by Gautam Kumar. Amol sustained a
gunshot injury and died on the way to NMCH during treatment.
4. It has been submitted on behalf of the petitioner
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that the petitioner is in custody since 30-09-2025. Petitioner
bears one criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. There is no specific allegation against the petitioner, rather
allegation attributed to the petitioner is general and omnibus in
nature. It is evident from the FIR itself, that co-accused, namely,
Gautam Kumar has fired. The only allegation against the
petitioner is that he was member of the unlawful assembly.
Learned counsel for the petitioner submits that petitioner has no
role in the alleged offence and he is roped in this case due to
earlier dispute. Other co-accused has been granted bail by this
Court vide order dated 31-07-2025, passed in Cr. Misc. No.
49359 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and there being no specific allegation against the
petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on
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furnishing bail bonds of Rs. 15,000/- (F Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Khushrupur P.S.
Case No. 43 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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