Patna High Court
Sanjit Singh @ Sanjit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail as the allegations do not establish his direct participation in the firing and there is no substantive reason to keep him in custody.
Summary
The petitioner, Sanjit Singh, sought bail in a case registered under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act, alleging that he was falsely implicated. The prosecution alleged that Raju Singh and other accused fired at the informant's brother, and that the petitioner, after the firing, exhorted the accused to continue firing. The petitioner contended that he did not fire any weapon, had no criminal antecedent, and was merely encouraging others, thus deserving bail. The State and the informant opposed the bail on the ground of the seriousness of the offences. After hearing both sides, the Court found insufficient material to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the B.N.S., 2023 and the Arms Act
- Whether the petitioner’s alleged role of exhorting others to fire constitutes a cognizable offence justifying denial of bail
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- false implication
- exhortation to fire
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8668 of 2026
Arising Out of PS. Case No.-230 Year-2025 Thana- CHARPOKHARI District- Bhojpur
======================================================
Sanjit Singh @ Sanjit Kumar Son of Satendra Singh @ Satyendra Singh
Resident of Village- Bajen, P.S.- Charpokhari, District- Bhojpur at Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Adv.
For the Informant : Mr. Navin Kumar Singh, Adv.
Mr. Nishant Kumar, Adv.
Mr. Akhilesh Kumar, Adv.
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Charpokhari P.S. Case No. 230 of 2025 registered for the
offence punishable under Sections 103(1) and 3(5) of the
B.N.S., 2023 and Section 27 of the Arms Act.
3. The case of the prosecution in short is that one
Raju Singh has fired on the right side of the chest of informant’s
brother and as he fell down, other accused persons also fired. In
the last part of the FIR, it is alleged that after this, the petitioner
along with others were exhorting the accused persons for firing
and that they ran away after making firing.
Patna High Court CR. MISC. No.8668 of 2026(2) dt.17-02-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that as per the version of the FIR, the
only role attributed to the petitioner is that after the firing by the
main assailants, the petitioner, along with others, exhorted the
other accused persons to fire, whereas the specific allegation of
opening fire has been leveled against the other accused persons.
There is no allegation against the petitioner of firing. He further
submits that a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 11.11.2025.
5. The application for bail is vehemently opposed by
the learned counsel for the informant and the learned APP for
the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
& Sessions Judge, Bhojpur at Ara in connection with
Patna High Court CR. MISC. No.8668 of 2026(2) dt.17-02-2026
3/3
Charpokhari P.S. Case No. 230 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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