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Patna High Court

Amit Singh @ Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

Amit Singh was arrested in connection with a case registered under Sections 105 and 238 of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act for firing a weapon during a marriage ceremony, which resulted in the death of a dancer. The petitioner claimed innocence, arguing that the firing was accidental, there was no specific allegation against him in the FIR, and that another co‑accused had already been granted bail in a similar case. The State opposed bail, citing the petitioner’s alleged criminal antecedent of six prior cases. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Additional Chief Judicial Magistrate, 1st Class, Darbhanga.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under Sections 105 and 238 of the B.N.S., 2023 and Section 27 of the Arms Act.
  • Whether the petitioner’s alleged criminal antecedent of six cases bars the grant of bail.
  • Whether the grant of bail to a co‑accused in a similar case justifies bail for the petitioner.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • B.N.S. 2023
  • Arms Act
  • accidental firing
  • marriage ceremony
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4008 of 2026
                        Arising Out of PS. Case No.-83 Year-2025 Thana- JALE District- Darbhanga
                 ======================================================
                 Amit Singh @ Amit Kumar Son of Ashok Kumar Singh @ Ajay Singh R/O
                 Village - Baghakhal, P.S.- Gayghat, District - Muzaffarpur.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Advocate
                                                  Mrs. Vaishnavi Singh, Advocate
                                                  Mr. Ritwik Thakur, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Jale P.S. Case No. 83 of 2025 registered for the offence

                   punishable under Sections 105 and 238 of the B.N.S., 2023 and

                   Section 27 of the Arms Act.

                                 3. The case of the prosecution in short is that during

                   the rituals of marriage, the petitioner and others have made

                   firing due to which one dancer has died.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.4008 of 2026(2) dt.06-02-2026
                                            2/3




          case. Learned counsel for the petitioner submits that from

          perusal of the FIR, it is clear that there is no specific allegation

          against anyone and it is also clear that there was no intention to

          kill anybody. The firing was made in merry making. He also

          submits that during the course of investigation, it is found that

          the specific allegation of firing is against Prabhat Singh @

          Little, which hit the deceased. He also submits that similarly

          situated other co-accused person, namely, Rajan Kumar, has

          been granted bail by the this court in Cr. Misc. No. 49748 of

          2025. The case of this petitioner stands on similar footing. He

          further submits the petitioner is languishing in judicial custody

          since 08.10.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of six cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned

          Additional Chief Judicial Magistrate, 1st Class, Darbhanga in
           Patna High Court CR. MISC. No.4008 of 2026(2) dt.06-02-2026
                                                       3/3




                     connection with Jale P.S. Case No. 83 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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