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Patna High Court

Shashi Bhushan SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to a bond and sureties.

Summary

The petitioner, Shashi Bhushan Singh, was charged with offences under IPC sections 341, 323, 427, 379, 307/34 and Arms Act section 27 for allegedly damaging vehicles, stealing Rs 40,000, assaulting a staff member with a lathi and iron rod and firing in the air. The petitioner’s counsel argued that the allegations were vague, that only the charge under section 307 was non‑bailable and that it was not substantiated, and pointed to bail being granted to similarly situated co‑accused in other cases. The State opposed bail, highlighting the petitioner’s antecedent of seven criminal cases. The court examined the nature of the offences, the lack of specific evidence for the attempt‑to‑murder charge, and the petitioner’s willingness to cooperate with the trial. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to his presence at trial when required.

Issues considered

  • Whether bail can be granted in a case involving multiple offences including attempt to murder (IPC 307) and an offence under the Arms Act.
  • Whether the allegations against the petitioner are sufficiently specific to justify denial of bail.
  • Whether the petitioner’s prior criminal record warrants refusal of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • Arms Act
  • attempt to murder
  • prior criminal record
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69048 of 2025
                          Arising Out of PS. Case No.-138 Year-2024 Thana- ATRI District- Gaya
                 ======================================================
                 Shashi Bhushan Singh S/o Sharwan Kumar @ Sharwan Singh R/o Village -
                 Bhattu Bigha, P.S - Atri, District – Gaya            ... ... Petitioner/s
                                                       Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Soni Kumari, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 341, 323, 427,

                   379 & 307/34 of the Indian Penal Code and under Section 27 of

                   the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others have caused damage to the vehicles

                   parked outside the office of the informant and have broken the

                   glasses and took away Rs.40,000/-. It is further alleged that they

                   have also assaulted the staff Praveen Kumar with lathi and iron

                   rod and made firing in air.

                                4. Learned counsel for the petitioner submits that the

                   nature of allegation is general and omnibus. It is further submitted

                   by learned counsel for the appellant that it is not specific as to who

                   has assaulted Praveen Kumar. It has further been submitted that all
            Patna High Court CR. MISC. No.69048 of 2025(3) dt.05-01-2026
                                                        2/2




                      the allegations, save and except allegation under Section 307 IPC

                      are bailable and in the facts and circumstances of the case, the

                      allegation under Section 307 IPC is not made out. It has further

                      been submitted that similarly situated co-accused have been

                      granted bail vide Cr. Misc. Nos. 13672 of 2025 and 58503 of

                      2025. The case of this petitioner stands on similar footing.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner and has

                      submitted that the petitioner is having criminal antecedent of seven

                      cases.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail with

                      the condition that the petitioner shall co-operate in the trial and

                      shall be present in the trial court whenever required. The above

                      named petitioner is directed to be released on bail in connection

                      with Atri P.S. Case No. 138 of 2024 on furnishing bail bond of

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

                      each to the satisfaction of learned Chief Judicial Magistrate, Gaya

                      Ji.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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