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Patna High Court

Prabhakar Kumar @ Laddu Singh @ Prabhakar Kumar Singh @ Prabhakar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the petitioner was the alleged shooter and the offences were of grave nature.

Summary

The petitioner, Prabhakar Kumar, was charged under IPC sections 341, 323, 307, 120(B)/34 and Section 27 of the Arms Act for allegedly shooting an informant who later died. He had previously sought anticipatory bail, which was withdrawn, and regular bail, which was rejected. In the present hearing, the petitioner argued innocence and claimed the informant and co‑accused were involved in a land dispute. The State opposed bail, emphasizing the seriousness of the shooting and the victim's death. Considering the gravity of the offences and the petitioner’s role as the alleged assailant, the court declined to grant bail and dismissed the application.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences, including attempted murder and shooting of the victim.
  • Whether the petitioner poses a risk of tampering with evidence, influencing witnesses, or fleeing, justifying denial of bail.

Legislation cited

Subjects

  • bail
  • attempted murder
  • criminal conspiracy
  • Arms Act
  • IPC
  • high court
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78767 of 2025
                  Arising Out of PS. Case No.-108 Year-2023 Thana- NTPC KHAIRA District- Aurangabad
                 ======================================================
                 Prabhakar Kumar @ Laddu Singh @ Prabhakar Kumar Singh @ Prabhakar
                 Singh Son of Harendra Singh Resident of Village - Dhawan(Dhawa), P.S.-
                 Bikramganj, District - Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Bhavesh Kumar, Advocate
                 For the State           :       Mr.Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with N.T.P.C. Khaira

                   P.S. Case No. 108 of 2023 registered for the offences punishable

                   under Sections 341, 323, 307, 120(B)/34 of the Indian Penal

                   Code and Section 27 of the Arms Act. The petitioner has earlier

                   moved an anticipatory bail which was dismissed as withdrawn

                   vide order dated 27.09.2024 passed in Cr. Misc. No. 50880 of

                   2024.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 12.05.2025 passed in Cr. Misc.

                   No. 22265 of 2025, which reads as under:
Patna High Court CR. MISC. No.78767 of 2025(3) dt.11-02-2026
                                            2/3




                                    “Heard learned counsel for the
                        petitioner and learned APP for the State.
                                    2. The petitioner seeks regular bail in
                        connection with N.T.P.C. Khaira P.S. Case No.
                        108 of 2023 registered for the offences
                        punishable under Sections 341, 323, 307,
                        120(B)/34 of the Indian Penal Code and
                        Section 27 of the Arms Act.
                                    3. As per the prosecution story, on
                        05.12.2023 at 5:00 P.M., the petitioner and the
                        co-accused Lankesh Kumar, came at the house
                        of the informant and the petitioner fired at the
                        informant which hit his abdomen and he fell
                        down. It is alleged that the said occurrence
                        took place because the brother of the informant
                        Harendra Singh got mutated the share of the
                        land of the informant in favour of his two sons,
                        namely, Prabhakar Singh and Lankesh Singh.
                                    4. Learned counsel for the petitioner
                        submits that the petitioner is innocent and has
                        falsely been implicated in this case. It is
                        submitted that the informant and the accused
                        persons are own gotiyas and the petitioner is in
                        custody since 3.1.2025.
                                    5. Learned APP for the State has
                        opposed the prayer for grant of bail of the
                        petitioner.
                                    6. Having regard to the specific
                        allegation that this petitioner shot at the victim
                        on his abdomen and the injured who is himself
                        the informant in this case, died later on, this
                        Court is not inclined to grant regular bail to
                        the petitioner.
                                    7. Accordingly, this application is
                        dismissed.”

                       4. Learned counsel for the petitioner submits that the

          charges have been framed in the trial.

                       5. Considering the gravity of the offence and also the

          fact that the petitioner is the assailant o the deceased, I am not
           Patna High Court CR. MISC. No.78767 of 2025(3) dt.11-02-2026
                                                       3/3




                     inclined to review my earlier order.

                                  6. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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