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Patna High Court

Raza Kumar Singh @ Raza SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to bail bonds, sureties and the condition of cooperation with the investigation.

Summary

The petitioners, Raza Kumar Singh and Anand Kumar, sought anticipatory bail after being named among 18 accused in a shooting incident linked to a land dispute. The informant alleged that his son and another person were shot when a crowd gathered on the disputed land, and the petitioners were identified as part of the fleeing group. The petitioners contended they had no interest in the land, were not eyewitnesses, and had no role in the firing, emphasizing their willingness to cooperate with the investigation. The State opposed the bail, citing offences under Sections 191(2), 191(3), 190, 111, 109 of the B.N.S., 2023 and Section 27 of the Arms Act. The High Court, considering the submissions, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and the condition that the trial court may cancel the bail if the petitioners fail to cooperate. The order was made under Section 482(2) of the B.N.S.S., emphasizing the court’s inherent powers to ensure investigation cooperation.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482 of the B.N.S.S. in view of the alleged offences under Sections 191(2), 191(3), 190, 111, 109 of the B.N.S., 2023 and Section 27 of the Arms Act.
  • Whether the petitioners’ alleged presence at the scene and identification by the informant constitute sufficient grounds to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Criminal Procedure
  • land dispute
  • shooting incident
  • Arms Act
  • Section 191
  • Section 190
  • Section 111
  • Section 109

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87147 of 2025
                         Arising Out of PS. Case No.-52 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
           1.     Raza Kumar Singh @ Raza Singh Son of Domi Singh @ Dilip Singh R/o
                  Village - Sarsi, P.S. - Sarsi, District - Purnea.
           2.     Anand Kumar @ Anant Kumar Son of Sudesh Singh R/o Village - Sarsi, P.S.
                  - Sarsi, District - Purnea.
                                                                        ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Akhauri Kamal Kishore Sahay, Adv.
                 For the Opposite Party/s :        Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  1. Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   191(3), 190, 111, 109 of the B.N.S., 2023 & Section 27 of the

                   Arms Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of three cases under the Excise Act

                   and petitioner no.2 has antecedent of one case and the informant

                   alleges that his son Sakim along with Haider dealt in sale and

                   purchase of land, further they got executed an agreement for sale

                   in their favour with regard to 2 acres of land, it is next alleged that

                   on 17.02.2025, Sakim and Haider had gone on the land in

                   quesstion, when informant got an information that 40-50 people

                   have gathered near the land, accordingly, he came to the place of
Patna High Court CR. MISC. No.87147 of 2025(2) dt.18-02-2026
                                            2/3




          occurrence and heard gunshot and further on hearing gunshot, all

          40-50 persons started fleeing and informant saw that his son was

          shot in the mouth and Haider was also injured. It is next alleged

          that informant identified 18 named accused persons, who were

          fleeing from the place of occurrence, including the petitioners,

          thereafter, the injured were taken to hospital for treatment.

                       4. Learned counsel appearing on behalf of the

          petitioners submits that petitioners are innocent and have

          committed no offence. It is next submitted that from perusal of the

          FIR, it would manifest that informant is not an eyewitness to the

          occurrence. It is also submitted that since petitioners were also

          present at the place of occurrence along with other persons as such

          on hearing gunshot, they started fleeing. It is further submitted that

          neither the petitioners have any interest in the land nor the

          petitioners knew the son of the informant. It is also submitted that

          it is not the case of the informant that he saw the petitioners

          resorting to firing leading to the injury. It is further submitted that

          similarly situated co-accused Amarnath Kumar Singh @ Babul

          Singh had approached this Court seeking anticipatory bail by filing

          Cr. Misc. No.58274 of 2025 and the same came to be allowed by

          an order dated 04.09.2025. It is next submitted that petitioners will

          not abscond rather will cooperate in the investigation to prove

          their innocence.
             Patna High Court CR. MISC. No.87147 of 2025(2) dt.18-02-2026
                                                         3/3




                                    5. Learned A.P.P. for the State opposes the prayer for

                       anticipatory bail of the petitioners.

                                    6. Considering the submissions made by the learned

                       counsel for the petitioners, the petitioners above-named, in the

                       event of their arrest or surrender within a period of six weeks from

                       today, be released on anticipatory bail on furnishing bail bonds of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned trial court where the

                       case is pending/successor court in connection with Maranga P.S.

                       Case No.52/2025, subject to the conditions as laid down under

                       Section 482(2) B.N.S.S.

                                    7. It is made clear that in the event if the Investigating

                       Officer of the case files an application before the learned trial

                       court bringing to its notice that the petitioners despite giving

                       assurance to this court are not co-operating in the investigation in

                       that event the learned trial court shall be at liberty to cancel the

                       bail bonds of the petitioners.



                                                        (Satyavrat Verma, J)
amit/-

U        T


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