Patna High Court
Sideshwar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to prescribed conditions, and disposed of the petition.
Summary
The petitioner, Sideshwar Singh, applied for anticipatory bail anticipating arrest in a case (PS Case No. 309 of 2025) involving alleged extortion, assault, and use of firearms, charged under multiple sections of the Bharatiya Nyaya Sanhita and the Arms Act. The prosecution alleged that the petitioner, along with eleven others, demanded Rs. 5 lakh from a brick‑kiln owner and that co‑accused persons committed threats, firing, and stabbing. The petitioner contended that the allegations against him were vague and that he was merely part of the mob demanding money, asserting a clean criminal record. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the submissions, granted anticipatory bail subject to a cash bond of Rs. 10,000, two sureties, and specific conditions, noting that the order would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in view of the alleged offences
- Whether the petitioner’s alleged involvement warrants denial of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 190, 191(2), 191(3), 308(3), 308(4), 324(4), 351(2), 352, 482
Subjects
- anticipatory bail
- extortion
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44258 of 2026
Arising Out of PS. Case No.-309 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Sideshwar Singh S/O Bhuneshwar Singh R/O - Jamuna, P.S.- Imamganj,
District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Prerna Rishi, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Imamganj P.S. Case No. 309 of 2025
instituted for the offences punishable under Sections 190,
191(2), 191(3), 115(2), 118(1), 109, 308(3), 308(4), 324(4), 352
and 351(2) of the Bharatiya Nyaya Sanhita and Section 27 of
the Arms Act.
3. As per the prosecution case, 12 named accused
persons including the petitioner had approached the brick-kiln
of the informant and they all demanded extortion money of Rs.
5 lakhs. It is further alleged that other co-accused persons
namely Ghulam Hasnain, who threatened of dire consequences,
Ujayfa Khan opened fire while one Osama Khan hit the
Patna High Court CR. MISC. No.44258 of 2026(2) dt.08-07-2026
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informant with a knife. It has further been alleged that it was on
account of dispute with regard to a land that the said extortion
money was being demanded by all the accused persons.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated with general and omnibus
allegation. It has been submitted that from plain reading of the
FIR, it would be evident that the allegations of assault has been
attributed to other co-accused persons, while name of the
petitioner surfaced as member of the mob who demanded
extortion money. The petitioner has one criminal antecedent to
his credit.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, First Class,
Sherghati, Gaya in connection with Imamganj P.S. Case No. 309
of 2025, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.44258 of 2026(2) dt.08-07-2026
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482 of the BNSS and subject to the following conditions:-
(i) One of the bailors will be a
close relative of the petitioner and the other
shall be a local resident;
(ii) the petitioner will remain
physically present on each and every date
fixed by the Court below, if so required by
the learned Trial Court and shall cooperate in
the investigation;
(iii) in case of absence on two
consecutive dates or in violation of the terms
of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court
concerned;
(iv) the Court below shall verify
the criminal antecedent of the petitioner and
in case at any stage, it is found that the
petitioner has concealed his criminal
antecedent, the court below shall take step
for cancellation of bail bonds of the
petitioner. However, the acceptance of bail
bonds in terms of the above mentioned order
shall not be delayed for purpose of the same
on in the name of verification.
(v) If the petitioner, in future, is
found to be involved in similar nature of
offence, the prosecution shall be at liberty to
move for cancellation of his bail bonds.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The petition stands disposed of accordingly.
(Sourendra Pandey, J)
krishna/-
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