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Patna High Court

Rahul Singh @ Rahul Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Rahul Singh, applied for bail in a case (Ara Nagar P.S. Case No. 701 of 2024) alleging offences under Sections 109 and 61(2) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution alleges that the petitioner, along with co‑accused, assaulted a land broker and later fired on him, causing injuries. The petitioner’s counsel argued that the informant’s statement does not name him and that only a co‑accused’s confessional statement implicates him, asserting his innocence and noting a similar bail order granted to another co‑accused. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court found the circumstances sufficient to grant bail, subject to a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the Chief Judicial Magistrate, Bhojpur.

Issues considered

  • Whether bail should be granted to the petitioner in view of the alleged offences under Sections 109, 61(2) of the B.N.S., 2023 and Section 27 of the Arms Act

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 109 B.N.S.
  • Section 61(2) B.N.S.
  • Section 27 Arms Act
  • land dispute
  • assault
  • firearm injury
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76340 of 2025
                     Arising Out of PS. Case No.-701 Year-2024 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Rahul Singh @ Rahul Kumar Singh S/O Manoj Kumar Singh Resident of
                 Village- Nathmalpur, P.S.- Barhara, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   19-01-2026                   Heard Mr. Ajay Kumar Singh, learned counsel for the

                   petitioner and Mr. Shyam Kumar Singh, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Ara Nagar P.S. Case No. 701 of 2024 registered for the

                   offence punishable under Sections 109, 61(2) of the B.N.S.,

                   2023 and Section 27 of the Arms Act.

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

                   informant is a broker of land and in the year 2023, informant

                   purchased 5 kattha of land from his cousin sister namely,

                   Mashuda Khatoon through registered sale-deed and thereafter,

                   in the month of September, the informant went over the said

                   land for carrying out its measurement where the petitioner and

                   other co-accused restrained informant from the measurement of
Patna High Court CR. MISC. No.76340 of 2025(4) dt.19-01-2026
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          the land, scuffled with him and also threatened him with dire

          consequences. It is further alleged that on 24.10.2024 at about

          10:15, while the informant was going to the shop of Appu Singh

          on his scooty and reached near Birganj Barrier, three miscreants

          riding on motorcycle covering their faces fired upon the

          informant, which hit his leg, as a result of which, informant fell

          down from his scooty and when informant tried to flee away, all

          the accused persons fired upon him, on account of which,

          informant sustained fire-arm injuries.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that from the

          perusal of the re-statement of the informant, it is clear that he

          has not named this petitioner. He also submits that the name of

          this petitioner has come in the confessional statement of co-

          accused namely, Pankaj. Save and except the statement of co-

          accused Pankaj, there is nothing against the petitioner. Learned

          counsel for the petitioner also submits that the petitioner has

          filed supplementary affidavit to correct his statement as made

          under para 3 of his bail petition. Similarly, situated other co-

          accused person namely, Md. Shahnawaz Ahmad @ Jali Guddu
           Patna High Court CR. MISC. No.76340 of 2025(4) dt.19-01-2026
                                                       3/3




                     @ Shahnawaz @ Guddu has already been granted bail by the

                     learned coordinate bench of this court in Cr. Misc. No. 87240 of

                     2024. The case of this petitioner stands on similar footing. He

                     further submits that the petitioner is languishing in judicial

                     custody since 21.07.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of two cases.

                                  6. Having heard learned counsel for the parties and

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

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

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

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

                     Judicial Magistrate, Bhojpur at Arrah in connection with Ara

                     Nagar P.S. Case No. 701 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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