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Patna High Court

BALIRAM SINGHversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to all three petitioners.

Summary

The petitioners, Baliram Singh, Jai Ram Singh and Binod Singh, were charged under multiple sections of the Bihar National Security Act, 2023 and the Arms Act for allegedly being armed with country‑made pistols and a sword and for assaulting an informant. The prosecution alleged they fired weapons and abused the informant, while the defence argued that the weapons were not used, the only allegation was a lathi assault, and the dispute stemmed from a land conflict; they also highlighted that the petitioners have prior criminal cases but have been acquitted or on bail in those. The petitioners had been in judicial custody since 31 July 2025 and sought bail. The State opposed bail citing the petitioners' extensive criminal antecedents. After hearing both sides, the court found the circumstances sufficient to grant bail, directing each petitioner to furnish a bail bond of Rs 10,000 with two sureties to the ACJM, Dehri.

Issues considered

  • Whether bail should be granted to the accused despite charges under the Bihar National Security Act, 2023 and the Arms Act.
  • Whether the alleged possession of weapons and prior criminal antecedents justify denial of bail.
  • Whether the petitioners pose a flight risk or risk of tampering with evidence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar National Security Act
  • Arms Act
  • prior criminal antecedents
  • land dispute
  • weapon possession
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75628 of 2025
                      Arising Out of PS. Case No.-191 Year-2025 Thana- NAUHATTA District- Rohtas
                 ======================================================
           1.     BALIRAM SINGH S/o- Saman Singh R/v- Banahi Po Ps- Nauhatta Dist-
                  Rohtas
           2.    Jai Ram Singh S/o- Saman Singh R/v- Banahi Po Ps- Nauhatta Dist- Rohtas
           3.    Binod Singh S/o- Saman Singh R/v- Banahi Po Ps- Nauhatta Dist- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sumeet Kumar Singh, Adv.
                                                  Ms. Deepali Singh, Adv.
                                                  Mr. Kumar Vikram, Adv.
                                                  Mr. Raushan Kumar, Adv.
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                   Heard learned counsel for the petitioners and Mr.

                   Nirmal Kumar Sinha, learned APP for the State.

                                 2. The petitioners have prayed for bail in connection

                   with Nauhatta P.S. Case No. 191 of 2025 registered for the

                   offence punishable under Sections 191(2), 191(3), 190, 126(2),

                   127(2), 115(2), 109(1), 140(2), 303(2), 352, 351(3), 61(2) of the

                   B.N.S., 2023 and Sections 25(1-b)(a), 27, 35 of the Arms Act.

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

                   petitioner, along with others, arrived being armed with a

                   weapon. It is specifically alleged that petitioner no. 3, namely,

                   Binod Singh, had country-made pistol in his hand; petitioner no.
Patna High Court CR. MISC. No.75628 of 2025(2) dt.12-01-2026
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          2 namely, Jai Ram Singh, was also having countrymade pistol

          and petitioner no. 1, namely, Baliram Singh, had a sword in his

          hand. It is alleged that the petitioner was making firing and

          abusing the informant.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. Learned counsel for the petitioners submits

          that the general and omnibus allegation is that the accused persons

          started assaulting with a lathi, and an iPhone 13 mobile was

          snatched. He also submits that there is a land dispute between the

          parties and though the petitioners have criminal antecedents, it has

          been submitted that in all the cases, they are either acquitted or on

          bail. A specific statement has been given by the petitioners in a

          supplementary affidavit. It has further been submitted that from

          perusal of the FIR, it is clear that though the petitioners are alleged

          to have been armed with a country-made pistol and sword, those

          weapons were not used for assaulting. The only general and

          omnibus allegation is that the informant was assaulted with a lathi.

          Moreover, petitioners are languishing in judicial custody since

          31.07.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioners namely, Binod Singh,

          Jairam Singh and Baliram Singh are having criminal antecedents
           Patna High Court CR. MISC. No.75628 of 2025(2) dt.12-01-2026
                                                       3/3




                     of nine, six and eight cases respectively.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioners on bail.         The above named

                     petitioners are directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     A.C.J.M., Dehri, Rohtas in connection with Nauhatta P.S. Case

                     No. 191 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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