Patna High Court
Niraj Kumar @ Niraj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 351(2), 352
- Explosive Substances Act — s. 3, 4
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
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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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