Patna High Court
Amit Singh @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 105, 238
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
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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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