Patna High Court
Priyanshu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Priyanshu Kumar Singh, a student with a clean record, applied for anticipatory bail after being implicated in a violent incident alleged by an informant. The informant claimed that a group of accused, including the petitioner, fired at him and assaulted his brother, allegedly over a land dispute involving a college. The petitioner contended that CCTV footage showed he did not fire any weapon and that only another accused was seen doing so, arguing that the allegations against him were exaggerated. The State and the informant opposed the bail but could not refute the CCTV evidence. Considering the petitioner’s clean antecedent, lack of direct evidence of firing, and the conditions under Section 482(2) of the CrPC, the court granted anticipatory bail with a bond and sureties. The bail order was conditioned on the petitioner surrendering within six weeks and complying with the stipulated terms.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in view of the allegations and evidence.
- Whether the petitioner’s alleged involvement in the offences under the BNS, 2023 and the Arms Act warrants denial of bail.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- CCTV evidence
- false implication
- Arms Act
- CrPC Section 482
- student defendant
- clean antecedent
- BNS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78046 of 2025
Arising Out of PS. Case No.-694 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
======================================================
Priyanshu Kumar Singh S/o Jitendra Kumar Singh @ Jitendra Kumar
Resident of villlage - Ward No. 10, Mohania, P.S - Mohania, District - Kaimur
at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
For the Informant : Mr. Subhesh Pandey, Advocate
Mr. Amit Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned Senior counsel for the petitioner,
Mr. Krishna Prasad Singh, learned A.P.P. for the State and the
learned counsel appearing on behalf of the informant, Mr.
Subhesh Pandey.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 117(2), 109(1), 324(4), 324(5),
329(4), 352, 351(2), 351(3) and 61(2) of the BNS, 2023 read
with Section 27 of the Arms Act.
3. The learned Senior counsel appearing on behalf
Patna High Court CR. MISC. No.78046 of 2025(2) dt.05-01-2026
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of the petitioner submits that petitioner is a person with clean
antecedent and is a student and the informant alleges that he
was at his hotel on 08.08.2025 when he received a call from
his son in between 12:30-01:00 PM that an occurrence has
taken place at the house, thus, the informant came home and
saw broken windows of his car, thereafter at 02:00 PM, 11
named accused persons including the petitioner along with
unknown accused came and fired at him and his brother, but
they managed to save themselves, further Akash assaulted his
brother Rudra Pratap with hockey stick causing fracture of his
hand and damaged the vehicle, it is next alleged that reason
for the occurrence is that informant’s family donated land for
Maharana Pratap college and are contesting case for saving
the college property, as Anil Singh who retired as Principal of
the college is trying to capture the property and during his
tenure an amount of Rs. 75 Crores was misappropriated for
which informant had petitioned this Court for being
impleaded as a party in the pending proceeding, further the
accused while fleeing have threatened that whosoever will
oppose Anil Singh, he will be killed.
4. The learned Senior counsel for the petitioner
submits that petitioner has been falsely implicated in the
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instant case by the informant. It is further submitted that no
doubt, it is alleged that named accused persons along with
unknown accused came and created ruckus at the residents of
the informant and even assaulted his brother and other family
members, but then specific allegation of assault is not against
this petitioner. It is next submitted that there is allegation of
firing against the named accused persons including the
petitioner, but then the said allegation is exaggerated. The
learned Senior counsel for the petitioner next submits that he
has a copy of the case diary and relying on Para-83 submits
that from perusal of the same, it would manifest that during
the course of investigation based on CCTV footage provided
by the informant to the police, it was found that Vinay Kumar
Singh @ Vinay Kumar was seen firing. It is also submitted
that from place of occurrence, one empty cartridge was also
recovered. It is next submitted that in the CCTV footage the
petitioner is not seen carrying a gun though is seen in the
CCTV footage that he also threatened and assaulted. The
learned Senior counsel further submits that what is not
disputed rather stands admitted is that petitioner is a student
and it might be a possibility that under the influence of the
retired Principal, the petitioner also accompanied the other
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accused persons to the house of the informant, but then
petitioner is not a criminal and even presuming what has been
alleged is true without admitting then it is his first offence and
if petitioner is sent to judicial custody, his entire career would
get jeopardized and chances are bright that he may come in
contact with hardened criminals.
5. Learned A.P.P. for the State as well as the learned
counsel appearing on behalf of the informant opposes the
anticipatory bail application, but then are not in a position to
rebut the submission of the learned Senior counsel appearing
on behalf of the petitioner that in the CCTV footage, the
petitioner is not seen firing.
6. Considering the submissions made by the learned
Senior counsel for the petitioner, the petitioner above-named,
in the event of his arrest or surrender before the learned trial
court within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Mohania P.S. Case No. 694 of 2025 subject to the conditions
as laid down under Section 482 (2) of BNSS.
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7. One of the bailors of the petitioner shall be his
father namely Jitendra Kumar Singh @ Jitendra Kumar.
8. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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