Patna High Court
Rahul Singh @ Rahul Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 61(2)
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
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@ 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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