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Patna High Court

Saurabh Singh @ Bittu @ Saurabh Kumar Singh @ Sawrav SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Saurabh Singh, was arrested on 9 September 2025 for alleged firing of a gun that injured a labourer, under Section 109(1) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The FIR alleges the shooting occurred at a construction site, but there is no eye‑witness; the accusation rests on a confessional statement and an alleged audio recording. The petitioner contends he was falsely implicated, not named in the FIR, and has a clean antecedent. The State opposed bail, while the petitioner sought release. The Court noted the absence of direct witnesses and, considering the circumstances, ordered bail on a bond of Rs.10,000 with two sureties, directing the magistrate to release him.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 109(1) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act given the lack of eye‑witnesses.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arms act
  • lack of eye witness
  • false implication
  • confessional statement
  • audio recording

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78888 of 2025
                  Arising Out of PS. Case No.-258 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Saurabh Singh @ Bittu @ Saurabh Kumar Singh @ Sawrav Singh, aged
                 about 20 years, Male, S/o Late Bablu Kumar Singh @ Bablu Singh, R/o
                 Village- Sirsa Man, P.O- Dighwa Dubauli, P.S- Baikunthpur, Dist- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Vagisha Pragya Vacaknavi, Advocate
                 For the Opposite Party/s :      Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

3   17-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is in custody since 09.09.2025 in a

                   case registered for the offence punishable under Section 109(1)

                   of the BNS and Section 27 of the Arms Act.

                                3. As per allegation in the FIR, the petitioner had

                   fired gun shot upon Rakesh Kumar who worked as labour and

                   work was going on to build the house of one Ranjit Singh in

                   front of Bajaj Showroom near Dakbangla Chowk under

                   Baikunthpur Police Station, where he used to work during the

                   day and stayed there at night by putting up a shed. It is alleged

                   by the informant that he was taking meal on 13.07.2025 at 11:10

                   PM. After taking meal, he was just sitting on the chair near the
Patna High Court CR. MISC. No.78888 of 2025(3) dt.17-01-2026
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          shed on the land where Ranjit Singh’s construction work was

          going on and unknown person came in the night and started

          firing indiscriminately, in which a bullet hit on informant's right

          chest and he fell down. On receiving the information, the land

          owner Ranjit Singh came and took him to Baikunthpur PHC for

          treatment from where he was referred to Gopalganj Sadar

          Hospital, but later he was referred to PMCH Patna. for better

          treatment

                       4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in this case. He next

          submits that petitioner is not named in the FIR and his name

          came up only on the basis of confessional statement after an

          alleged audio recording came to the knowledge of the

          investigating officer. He next submits that his name has been

          implicated only on the basis of statement of third person, he has

          falsely been involved in this case and also there is no eye

          witness of this case. Further charge-sheet has already been

          framed and investigation is also completed. Petitioner has got

          clean antecedent as stated in para-3 of this petition and he is in

          custody since 09.09.2025.

                       5. Learned APP for the State opposes the prayer for

          bail of this petitioner.
          Patna High Court CR. MISC. No.78888 of 2025(3) dt.17-01-2026
                                                      3/3




                                 6. In view of the aforesaid facts, circumstances and

                    the material available on record, it appears that there is no eye

                    witness to the alleged occurrence, so let the above named

                    petitioner be released on bail on furnishing bail bond of

                    Rs.10,000/- (ten thousand) with two sureties of the like amount

                    each to the satisfaction of Smt. Shikha Kumari, Judicial

                    Magistrate-Ist Class, Gopalganj/concerned Court in connection

                    with Baikunthpur P.S. Case No. 258 of 2025.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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