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Patna High Court

Niraj Kumar @ Niraj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Niraj Kumar Singh, was arrested in connection with a case alleging that he and two others hurled a bomb at an informant, though no injury was reported. He filed an application for regular bail, claiming false implication and citing an ongoing dispute with the informant. The prosecution opposed bail, emphasizing the direct allegation of bomb throwing. The court noted the absence of an injury report, the petitioner’s six-month custody, and that a charge‑sheet had already been filed. Considering these factors, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to the accused despite allegations of throwing a bomb under the Bharatiya Nyaya Sanhita and the Explosive Substances Act.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • explosive substances
  • false implication
  • no injury report
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73436 of 2025
                        Arising Out of PS. Case No.-434 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
                 Niraj Kumar @ Niraj Kumar Singh, son of Sunil Kumar Singh @ Sunil Singh
                 Resident of village- Bishunpur Taraura, P.S.- Mahua, District -Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Natraj Verma, Advocate
                 For the Opposite Party/s :        Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Mahua P.S. Case no.434

                   of 2025, registered under section 109, 352, 351(2) and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023 and sections 3 and 4 of the

                   Explosive Substances Act.

                                 3. As per the prosecution case, the informant states

                   that having heard halla, he came out of his house. He saw the

                   three named accused persons including the petitioner herein

                   who hurled bomb at the informant and escaped.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. There is
Patna High Court CR. MISC. No.73436 of 2025(3) dt.21-01-2026
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          ongoing dispute between the parties with several cases pending

          between them as mentioned in the order of the learned Court

          below as also CWJC no.14475 of 2007 and LPA no.2117 of

          2015. No injury has been caused to the informant. The petitioner

          is in custody since 17.7.2025 and charge-sheet has been

          submitted in the case.

                       5. The application for bail is opposed by learned

          A.P.P. for the State who submits that not only the petitioner is

          named in the F.I.R. but there is direct allegation against him of

          having hurled bomb along with two others on the informant.

          However, it is not disputed by learned A.P.P. that there is no

          injury report of the informant on record.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegation against the petitioner in

          the F.I.R., pending dispute between the parties as mentioned in

          the order of the learned trial Court, no injury report of the

          informant being available on record, the petitioner being in

          custody for 6 months since 17.7.2025 and charge-sheet having

          been submitted in the case, the petitioner is directed to be

          enlarged on bail in connection with Mahua P.S. Case no.434 of

          2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
            Patna High Court CR. MISC. No.73436 of 2025(3) dt.21-01-2026
                                                        3/3




                      satisfaction of the learned Sub Judge-V –cum– Additional Chief

                      Judicial Magistrate-IV, Vaishali, Hajipur.



                                                   (Partha Sarthy, J)
avinash/-

U      T


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