Patna High Court
Raju SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court refused to grant bail to the petitioner.
Summary
The petitioner, Raju Singh, applied for regular bail in a case registered under IPC sections 307, 341, 323 and Arms Act section 27, alleging that he fired at an informant but missed his head. The prosecution alleges that the petitioner, along with co‑accused Palu Singh, were armed and opened fire, causing the informant to fall unconscious. The petitioner claims innocence, stating he was falsely implicated and that the shot he fired did not hit the informant; he also points to the earlier bail granted to Palu Singh. The trial court report indicated that two of the original four accused have died, leaving only the petitioner and Palu Singh, and the case is pending for commitment. The High Court noted the petitioner’s 22‑year abscondence from a 2003 case and, considering the seriousness of the offences, rejected the bail application, directing the trial court to expedite the trial.
Issues considered
- Whether regular bail should be granted to the petitioner given the nature of the offences (IPC 307, 341, 323 and Arms Act 27) and his alleged 22‑year abscondence.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 341
Subjects
- regular bail
- IPC 307
- IPC 341
- IPC 323
- Arms Act 27
- abscondence
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76810 of 2025
Arising Out of PS. Case No.-98 Year-2003 Thana- KHUSRUPUR District- Patna
======================================================
Raju Singh S/O Late Shiv Raj Singh R/o - Baikathpur, P.S.- Khushrupur,
Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pravashankar Mishra, Advocate
Mr.Deepak Sinha, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Khusrupur P.S. Case
no.98 of 2003, registered under sections 307, 341 and 323 of the
Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states
that Palu Singh and the petitioner herein along with two other
named accused came variously armed. Ramfal Singh started to
fire upon the informant. The shot fired by Palu Singh with his
rifle hit the informant below his waist while the second shot
fired by the petitioner missed the informant’s head. It is stated
that the informant fell unconscious. The accused persons went
away firing and giving threats.
Patna High Court CR. MISC. No.76810 of 2025(3) dt.21-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
case. It was on the petitioner surrendering in another case of the
year 2003 that he was remanded in the present case. Even as per
the allegations in the FIR, the firing resorted to by the petitioner
did not hit the informant. The petitioner is in custody since
24.6.2025 and undertakes to cooperate in the trial. Learned
counsel submits that co-accused brother of the petitioner namely
Palu Singh has been enlarged on bail vide order dated 16.3.2010
passed in Cr. Misc. no.9237 of 2010.
5. The application for bail is opposed by learned APP
for the State.
6. A report was called for from the learned trial Court
with respect to the stage of the case/trial. As per the report
contained in letter dated 5.12.2025 of the Judicial Magistrate, 1st
Class, I/C Court no.12, Patna City, two of the four accused have
passed away during pendency of the case. Now the records of
the case are running for two accused ie the petitioner herein and
Palu Singh. The case is pending for commitment and the next
date fixed in the case was 11.12.2025.
7. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
Patna High Court CR. MISC. No.76810 of 2025(3) dt.21-01-2026
3/3
the FIR, there being allegation against the petitioner of having
resorted to firing on the informant and especially the petitioner
having absconded for 22 years in a case of the year 2003 till he
was remanded in the present case on 24.6.2025, the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
8. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Shiv/-
U T
Checking your session…