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Patna High Court

Birendra Prasad Singh @ Birendra Singh @ Virendra Prasad SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond of Rs.25,000 and two sureties, with conditions for trial cooperation.

Summary

The petitioner, Birendra Prasad Singh, aged about 72, was charged under IPC sections 147, 148, 149, 323, 324, 307, 302 and Arms Act section 27 for allegedly assaulting the son of an informant, leading to the victim's death. He had earlier applied for regular bail which was rejected, but after charge framing he renewed his bail prayer. The petitioner argued his clean antecedent, advanced age, lack of motive in the FIR, and willingness to cooperate with the trial. The State contended that several prosecution witnesses remained to be examined but did not oppose bail. The court, after hearing both sides, granted bail on condition of a Rs.25,000 bond with two sureties and directed the trial court to cancel bail if the petitioner attempts to delay the trial, also urging the trial to conclude within a year.

Issues considered

  • Whether bail should be granted to an accused aged 72 charged with serious offences under the IPC and Arms Act.
  • Whether the petitioner poses a risk of absconding or tampering with evidence despite pending prosecution witnesses.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • criminal procedure
  • age factor
  • trial management

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4487 of 2026
                       Arising Out of PS. Case No.-418 Year-2020 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Birendra Prasad Singh @ Birendra Singh @ Virendra Prasad Singh Son of
                 Late Dina Singh R/o Village - Basantpur, Kakarhata, P.S. - Bidupur, District -
                 Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Karu Kumar, Adv.
                 For the Opposite Party/s :        Ms. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioner Mr. Karu

                   Kumar, learned A.P.P. for the State and the learned counsel

                   appearing on behalf of the informant.

                                2. The petitioner seeks bail in connection with

                   Bidupur P.S. Case No.418/2020, registered for the offences

                   punishable under Sections 147, 148, 149, 323, 324, 307, 302 of

                   the Indian Penal Code & Section 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner had earlier moved before this Court seeking regular

                   bail by filing Cr. Misc. No.32884 of 2025 and the same came to

                   be rejected by an order dated 22.08.2025 with liberty to the

                   petitioner to renew his prayer for bail after framing of charge. It

                   is submitted that in the FIR, it is alleged that petitioner assaulted
Patna High Court CR. MISC. No.4487 of 2026(2) dt.22-04-2026
                                            2/3




          the son of the informant by Gupti causing injury in the stomach

          and when he fell, Chandradev started indiscriminate firing but

          then the victim managed to save himself but subsequently the

          victim died during the course of treatment.

                       4. The learned counsel submits that petitioner was

          aged about 72 years when the occurrence took place and he

          remained a person with clean antecedent all through out. It is

          also submitted that during the course of investigation, it

          transpired that victim acted inappropriately with a girl, on

          account of which, he was assaulted by the villagers. It is also

          submitted that no motive for the occurrence is alleged against

          the petitioner in the FIR. It is further submitted that charges

          against the petitioner stands framed by an order dated

          02.01.2026.

                       5. Learned counsel appearing on behalf of the

          informant does not dispute the said submission of the learned

          counsel appearing on behalf of the petitioner that charges stands

          framed but then submits that out of 7 prosecution witnesses, 4

          prosecution witnesses have been examined and only three

          official witnesses remained to be examined, on which the

          learned counsel appearing on behalf of the petitioner submits

          that if privilege of bail in terms to the liberty is granted, the
             Patna High Court CR. MISC. No.4487 of 2026(2) dt.22-04-2026
                                                         3/3




                       petitioner will not abscond rather will cooperate in the trial to

                       prove his innocence and will remain present on each and every

                       date in the trial.

                                    6. After hearing the learned counsel for the parties, the

                       petitioner, above named, is directed to be released on bail on

                       furnishing bail bonds of Rs.25,000/-(Rupees twenty five

                       thousand) with two sureties of the like amount each to the

                       satisfaction of the learned trial court where the case is

                       pending/successor court in connection with Bidupur P.S. Case

                       No.418 of 2020.

                                    7. It is made clear that if the learned trial court comes

                       to a conclusion that petitioner after his release is trying to delay

                       the trial in any manner, the learned trial court shall be at liberty

                       to cancel the bail bonds of the petitioner.

                                    8. It is further directed that if possible, the learned

                       trial court shall try to conclude the trial within a period of an

                       year from the date of receipt/production of a copy of this order.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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