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Patna High Court

Byas Singh @ Vyas Singh @ Veyas Singh @ Beyas SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail and the bail application is allowed.

Summary

The petitioner, Byas Singh, father of accused Nitesh Kumar, applied for bail in a case registered under Sections 109, 303(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, where the FIR named only Nitesh Kumar and Sonu Kumar. The prosecution alleged that Nitesh Kumar fired at the deceased, Umender Singh, with the petitioner allegedly present and in possession of the deceased's mobile. The petitioner argued that he is not named in the FIR, has no criminal antecedents, and is merely the father of the accused. The informant and the State opposed bail, contending that the petitioner instigated the offence and was present at the scene. After considering the submissions, the court ordered the petitioner released on bail upon furnishing a bond of Rs.10,000 with two sureties, and the application was allowed.

Issues considered

  • Whether a person not named in the FIR but alleged to have instigated or been present at the scene can be denied bail.
  • Whether the alleged possession of the deceased's mobile and presence at the occurrence justify refusal of bail.
  • Whether bail is permissible under the provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act in the circumstances of the case.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • FIR
  • co-accused
  • father of accused
  • instigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4663 of 2026
                      Arising Out of PS. Case No.-471 Year-2025 Thana- DARAUNDA District- Siwan
                 ======================================================
                 Byas Singh @ Vyas Singh @ Veyas Singh @ Beyas Singh, aged about 56
                 years, Male, S/o Let Majistar Singh, R/o Village- Bhikhabandh, P.S-
                 Daraunda, District- Siwan
                                                                    ... ... Petitioner/s

                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Naresh Singh, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 For the Informant        :      Mr. Ramadhar Shekhar, Advocate
                                                 Mr. Sanjay Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner; learned

                   Additional Public Prosecutor for the State and learned counsel

                   for the informant, who has appeared suo motu.

                                2. The petitioner seeks bail in connection with

                   Daraunda PS Case No.471 of 2025 dated 28.09.2025, instituted

                   for the offence punishable under Sections 109, 303(2), 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms

                   Act.

                                3. The prosecution case, in brief, is that on the alleged

                   date of occurrence co-accused, Sonu Kumar, came at the house

                   of the informant and told that co-accused, Nitesh Kumar, who

                   is the son of the petitioner, was calling him and accordingly, son
Patna High Court CR. MISC. No.4663 of 2026(2) dt.28-01-2026
                                            2/3




          of the informant, Umender Singh, accompanied him. Later on,

          at about 7.30 PM, the informant got information from the

          villagers that his son, Umender Singh, has sustained firearm

          injury near Bhikhaban Canal upon which the villagers and the

          sons of Umender Singh, namely, Rohit Kumar Singh and Mohit

          Kumar Singh rushed to the place of occurrence and found

          Umender Singh having firearm injury on his person. On being

          enquired, he told that Nitesh Kumar has fired the shot at him

          while co-accused Sonu Kumar had caught him.

                       4. Learned counsel for the petitioner submits that the

          petitioner is not named in the FIR. The FIR has been lodged

          against two accused persons, namely, Nitesh Kumar and Sonu

          Kumar. There is specific allegation against co-accused, Nitesh

          Kumar, that he fired on the deceased due to which he died. The

          petitioner happens to be the father of co-accused, Nitesh Kumar.

          There is complicity of Nitesh Kumar and Sonu Kumar in the

          alleged crime. In the entire FIR, there is no whisper against the

          petitioner. The petitioner is in custody since 26.10.2025 having

          no criminal antecedents.

                       5. Learned APP as well as learned counsel for the

          informant has opposed the prayer for bail. Learned counsel for

          the informant has submitted that the petitioner is the father of
            Patna High Court CR. MISC. No.4663 of 2026(2) dt.28-01-2026
                                                        3/3




                      the main assailant and on his instance, Nitesh Kumar, fired on

                      the deceased due to which he died. Further submission is that

                      the mobile of the deceased was recovered from the possession

                      of the petitioner. It is further submitted that the petitioner was

                      also present at the place of occurrence and on his instigation, the

                      occurrence took place.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, let

                      the petitioner be released on bail upon furnishing bail bonds of

                      Rs. 10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of the ACJM-VI, Siwan, in Daraunda PS

                      Case No.471 of 2025.

                                   7. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-

U      T


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