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Patna High Court

Barun Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Barun Kumar Singh, was arrested in connection with a dispute over fishing nets that allegedly led to the firing of three to four rounds, and is charged under Sections 109(1), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He has been in custody since 23 August 2025, claims no prior criminal record, and asserts that he has been falsely implicated with no specific allegation and that no one was injured. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of injury, the grant of bail to a co‑accused, and the principle of parity. The court considered the nature of the offences, the duration of custody, and the absence of concrete evidence against the petitioner. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties. The order disposes of the bail petition in the petitioner’s favour.

Issues considered

  • Whether bail should be granted to the petitioner under the charges of the Bharatiya Nyaya Sanhita and Arms Act
  • Whether the absence of specific allegations, injury, and the grant of bail to a co‑accused justify release on bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • false implication
  • parity
  • no injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76697 of 2025
                        Arising Out of PS. Case No.-54 Year-2025 Thana- PAWANA District- Bhojpur
                 ======================================================
                 Barun Kumar Singh S/O Akhilesh Singh @ Akhilesh Kumar Singh R/O
                 Village - Pawar, P.S- Pawana, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   28-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Pawana P.S. Case No. 54 of 2025 instituted for the offence

                   under Section 109(1), 351(2), 352 & 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

                           3.       Prosecution case, in a nutshell, is that son of the

                   informant had put fishing net for fishing, whereafter accused

                   persons, including the petitioner came and demanded fish and

                   on objection by his son, the accused persons fired 3-4 round.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 23.08.2025. Petitioner

                   bears no criminal antecedents, as per disclosure made in
           Patna High Court CR. MISC. No.76697 of 2025(4) dt.28-01-2026
                                                       2/2




                     paragraph No. 3 of the bail application.

                             5.      It has been further submitted by the petitioner’s

                     counsel that petitioner has been falsely implicated in the present

                     case. There is no specific allegation against the petitioner, rather

                     the same is general and omnibus in nature. It is next submitted

                     that no one has sustained any type of injury in the alleged

                     occurrence. Other co-accused has been granted bail by this

                     Court vide order dated 27.11.2025, passed in Cr. Misc. No.

                     76622 of 2025.

                             6.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             7.      Considering the aforesaid facts and circumstances

                     of the case, period of custody of the petitioner and claim based

                     on parity, this Court is inclined to grant bail to the petitioner.

                             8.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Pawana P.S. Case

                     No. 54 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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