Patna High Court
Barun Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 3(5), 351(2), 352
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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