Patna High Court
Shiv Ji Singh @ Babua Ji @ Babua SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner, subject to a bond and sureties.
Summary
Shiv Ji Singh, a 59‑year‑old landlord, was arrested in connection with a land‑dispute incident where he and others allegedly obstructed government officials and opened fire, though no injuries occurred. The FIR named 43 accused and 200 unknown persons, charging him under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner sought bail, contending that the case was part of a broader rivalry over land and that he was the sole accused in this particular case, while the rival group faced multiple charges. The Additional Public Prosecutor opposed bail. After hearing both sides, the court considered the facts, the petitioner’s custody since August 2025, and the charge‑sheet already filed, and ordered his release on bail with a bond of Rs.10,000 and two sureties. The bail application was therefore allowed.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 191(2), 191(3), 190, 221, 132, 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 132, 190, 191(2), 191(3), 221
Subjects
- bail
- obstruction of public servant
- arms act
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4785 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- DINARA District- Rohtas
======================================================
Shiv Ji Singh @ Babua Ji @ Babua Singh, aged about 59 years, Gender-Male,
son of Late Dwarka Singh @ Bubun Singh @ Dwarika Prasad Singh @
Dwarika Singh, resident of Village- Belwaiya, P.S.- Dinara, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashaar Mustafa, Advocate
Mr. Pratik Mishra, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Dinara
PS Case No.363 of 2025 dated 31.07.2025, instituted for the
offence punishable under Sections 191(2), 191(3), 190, 221,
132, 109 of the Bharatiya Nyaya Sanhita, 2023, and Section 27
of the Arms Act.
3. The allegation against the petitioner is that he and
other accused persons obstructed the government officials, who
were deputed for maintaining law and order on account of land
dispute between the petitioner and the villagers of the petitioner,
from discharging their official duty. There is also allegation of
opening fire from the house of the petitioner. Further, there was
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firing from both sides, but no one has sustained any injury.
4. Learned counsel for the petitioner submits that the
FIR has been lodged against 43 named accused persons
including the petitioner and 200 unknown persons. It is further
submitted that the petitioner is the landlord of the village and
the members of the rival group are trying to grab the land of the
petitioner on the pretext of settlement made by the ex-landlord.
Learned counsel further submits that for the same occurrence,
the District Administration has lodged three cases against the
accused persons for creating law and order problem. Learned
counsel further submitted that the petitioner is accused in only
one case lodged by the Revenue Officer, Dinara, i.e., the present
one and the members of the rival group have been made accused
in all three cases. There is case and counter case between the
parties. Earlier, the petitioner lodged Dinara PS Case No.154 of
2025 against the members of the rival group for preventing him
from harvesting the crops. Lastly, it is submitted that the
petitioner is in custody since 27.08.2025 having two criminal
cases against him. Charge-sheet has already been submitted in
this case.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
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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, Bikramganj, Rohtas, in
Dinara PS Case No.363 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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