Patna High Court
Shyam Kumar @ Shyam Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail to the petitioner.
Summary
Shyam Kumar was arrested in connection with a case registered under Sections 103(1), 61(2) of the B.N.S. and Section 27 of the Arms Act for allegedly firing indiscriminately at a victim who later died with multiple bullet injuries. The petitioner claimed he was falsely implicated, asserting that the main assailant was Guddu Singh, and highlighted his own five prior criminal cases for which he was out on bail. The State, supported by the informant’s counsel, opposed bail, emphasizing the seriousness of the offences and the post‑mortem findings. The Court, after considering the allegations and the evidence of lethal injuries, was not persuaded to grant bail. Consequently, the bail application was dismissed, though the petitioner was permitted to seek bail again if the trial is unduly delayed.
Issues considered
- Whether bail should be granted to the accused in a case involving murder‑related offences under the B.N.S. and the Arms Act.
- Whether the seriousness of the injuries to the deceased and the alleged participation of the accused preclude the grant of regular bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- murder
- false implication
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81194 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- PARBATTA District- Khagaria
======================================================
Shyam Kumar @ Shyam Kumar Singh S/o Late Chhote Singh R/o Village -
Shrirampur Thuthi, P.S - Parbatta, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivekanand Singh, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 21-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with
Parbatta P.S. Case No. 173/2025 registered for the offences
punishable under Sections 103(1), 61(2) of B.N.S. and Section
27 of Arms Act.
3. As per the prosecution case, petitioner along with
others is said to have fired indiscriminately upon the victim.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. It is next
submitted that main assailant is Guddu Singh. Learned counsel
further submits that he has five criminal antecedents in which he
is on bail and he is in custody since 19.05.2025. The petitioner
Patna High Court CR. MISC. No.81194 of 2025(6) dt.21-04-2026
2/2
undertakes to co-operate in the case/ trial.
5. Learned APP for the State as well as learned
counsel for the informant has jointly opposed the prayer for
regular bail of the petitioner and submitted that from the post-
mortem report, it appears that the deceased has suffered at least
five bullet injuries.
6. Considering the allegations levelled against the
petitioner and the post-mortem report of the deceased, this Court
is not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed with
liberty to the petitioner to renew his prayer for bail, if the trial is
delayed by the prosecution.
(Sandeep Kumar, J)
tusharika/-
U T
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