Patna High Court
Birendra Prasad Singh @ Birendra Singh @ Virendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324
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
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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
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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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