Patna High Court
Sant Lal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 27
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 302, 34
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
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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
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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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