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Patna High Court

Sumer Singh @ Somar Singh @ Surendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner on the condition of a bond and sureties, subject to specified conditions.

Summary

The petitioner, Sumer Singh, was arrested in connection with a land‑dispute‑related shooting on 2 December 2023, in which the victim Bhagwat Singh sustained multiple firearm injuries. He is charged under IPC sections 147, 148, 149, 341, 307, 326 and Section 27 of the Arms Act. The petitioner sought bail, arguing that the FIR only alleges he fired at the victim’s hand, while co‑accused fired at other parts of the body, and that one of his two prior cases ended in acquittal. The prosecution opposed bail, highlighting the specific allegation of firing on the victim and the petitioner’s criminal antecedents. The court considered the seriousness of the offences, the specific allegation, and the petitioner’s prior record, and ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was conditioned on compliance, with provision for cancellation on breach.

Issues considered

  • Whether bail should be granted to the petitioner despite charges under serious IPC sections and the Arms Act.
  • Whether the specific allegation of firing at the victim’s hand, as opposed to other parts, affects the bail decision.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • land dispute
  • criminal antecedent
  • trial cooperation
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84096 of 2025
                     Arising Out of PS. Case No.-393 Year-2023 Thana- ATHMALGOLA District- Patna
                 ======================================================
                 Sumer Singh @ Somar Singh @ Surendra Singh S/o Shivnarayan Singh
                 Resident of Village - Chakdaulat, P.S - Bakhtiyarpur, District - Patna

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gautam Kumar Yadav, Advocate
                 For the Opposite Party/s :      Mr. Rajeev Ranjan No.II, A.P.P.
                 For the Informant        :      Mr. Ranjan Kumar Dubey, Advocate
                                          :      Mr. Kumar Gaurav, Advocate
                                          :      Mr. Shashank Kashyap, Advocate
                                          :      Ms. Sheshadri Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   25-03-2026                        Heard Mr. Gautam Kumar Yadav, learned counsel

                   for the petitioner, Mr. Ranjan Kumar Dubey, learned counsel for

                   the informant and Mr. Rajeev Ranjan No.II, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.05.2025 in connection with Athamalgola P.S. Case No. 393

                   of 2023 for the offences punishable under Sections 147, 148,

                   149, 341, 307, 326 of IPC and Section 27 of Arms Act.

                               3. The prosecution story, in brief, is that the informant

                   Umesh Yadav has alleged in the written report that on

                   02.12.2023 at about 2:00 PM, while he was returning from Barh

                   Court towards his village Chakdaulat along with his brother
Patna High Court CR. MISC. No.84096 of 2025(4) dt.25-03-2026
                                            2/4




          Bhagwat Singh and nephew Arvind Kumar (riding on

          motorcycles), near Rupas Tola, Dindayal Singh on NH-31, three

          motorcycles came chasing from behind, on which several

          named accused persons were riding. it has been alleged that

          accused Kapuri Singh, Chintu Kumar, Ramdhyan Singh, Sumer

          Singh (the petitioner herein) and others opened indiscriminate

          firing, in which Bhagwat Singh received firearm injuries and

          was taken to Barh Sub-Divisional Hospital and thereafter

          referred to PMCH Patna and later to Medanta Hospital for better

          treatment. The cause of occurrence, as per FIR, is a land dispute

          between both parties.

                      4. Learned counsel for the petitioner submits that it

          appears from the FIR that due to land dispute, the present

          occurrence in question has taken place and all the accused

          persons are named in the FIR. It is next submitted that there is

          specific allegation against the petitioner that he has fired upon

          Bhagwat Singh in his hand and Bhagwat Singh has received

          four fire arm injuries. Learned counsel for the petitioner submits

          that although there is specific allegation against the petitioner in

          the FIR but as per FIR, the petitioner has fired upon the hand of

          victim (injured person). It is further submitted that co-accused

          persons have fired upon the neck and backside of the victim
Patna High Court CR. MISC. No.84096 of 2025(4) dt.25-03-2026
                                            3/4




          namely, Bhagwat Singh. It is also submitted that police after

          investigation has submitted charge-sheet and the petitioner is in

          custody since 19.05.2025.

                      5. The learned Additional Public Prosecutor for the

          State and learned counsel for the informant, on the other hand,

          have vehemently opposed the prayer for bail of the petitioner

          and submit that there is direct and specific allegation against the

          petitioner that he has fired upon the victim namely, Bhagwat

          Singh and he has antecedent of two cases other than the present

          case but fairly submit that in one of the case, the petitioner has

          been acquitted and the other case is pending consideration.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 the learned Court of

          District and Additional Sessions Judg-V, Barh in connection

          with Athamalgola P.S. Case No. 393 of 2023, subject to the

          following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient
           Patna High Court CR. MISC. No.84096 of 2025(4) dt.25-03-2026
                                                       4/4




                     reason, his bail bond shall be canceled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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