Patna High Court
Saurabh Singh @ Bittu @ Saurabh Kumar Singh @ Sawrav SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109(1)
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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