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Patna High Court

Sant Lal Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner on the condition of furnishing a bail bond and sureties.

Summary

Sant Lal Kumar Singh, who was not named in the FIR, was apprehended in connection with a murder case (Nautan P.S. Case No. 185 of 2021) involving offences under IPC Sections 302, 120B/34 and Arms Act Section 27. The petitioner argued that the informant was not an eye‑witness and that the FIR implicated him falsely due to prior enmity, while the fatal shooting was specifically attributed to co‑accused Pankaj Sahani. The State opposed the petition for anticipatory bail. The Court noted the petitioner’s non‑inclusion in the FIR, the specific allegation against the co‑accused, and the possibility of false implication, and therefore ordered anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. The order directs the petitioner to surrender within four weeks to be released on bail.

Issues considered

  • Whether anticipatory bail should be granted to a person not named in the FIR but implicated in a murder case.
  • Whether the allegations against the petitioner constitute false implication arising from prior enmity.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • murder
  • IPC
  • Arms Act
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58116 of 2025
                        Arising Out of PS. Case No.-185 Year-2021 Thana- NAUTAN District- Siwan
                 ======================================================
                 Sant Lal Kumar Singh S/O Jagdish Singh Resident of Village- Sumerpur,
                 P.S.- Mairawa, Distt.- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, not named in the F.I.R., is

                   apprehending his arrest in connection with Nautan P.S. Case

                   No. 185 of 2021 registered for the offences punishable under

                   Sections 302, 120B/34 of the Indian Penal Code and Section

                   27 of the Arms Act.

                             3. As per FIR, named co-accused persons alongwith

                   some unknown committed the murder of one Sikandar Yadav.

                             4. Learned counsel appearing on behalf of the

                   petitioner submitted that informant is not an eye witness of

                   the occurrence being police officer and he gathered
Patna High Court CR. MISC. No.58116 of 2025(2) dt.17-02-2026
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          information qua occurrence from other persons. It is pointed

          out that even as per FIR, the allegation of firing is specifically

          available against co-accused Pankaj Sahani, which proved

          fatal causing death of Sikandar Yadav.

                   5. It is submitted that during investigation, it

          transpires from supplementary case diary that this petitioner

          was falsely implicated with the present case out of previous

          enmity, who is a man of clean antecedent.

                   6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as petitioner was not named in the FIR,

          coupled with the fact that allegation of causing fatal fire-arm

          injury is specifically available against co-accused Pankaj

          Sahani, where during subsequent investigation, it transpires

          that this petitioner was implicated falsely out of previous

          enmity, accordingly, above-named petitioner, in the event of

          his arrest/surrender within a period of four weeks from this

          order, is directed to be enlarged on bail on furnishing of bail

          bond of Rs.10,000/- (ten thousand only) with two sureties of
           Patna High Court CR. MISC. No.58116 of 2025(2) dt.17-02-2026
                                                       3/3




                     the like amount each to the satisfaction of learned J.M. 1 st

                     Class, Siwan/concerned court in connection with Nautan P.S.

                     Case No. 185 of 2021, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C/Section 482(2) of the

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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