Patna High Court
Sumer Singh @ Somar Singh @ Surendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 326, 341
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
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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
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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
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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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