Patna High Court
Raza Kumar Singh @ Raza SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 111, 190, 191(2), 191(3)
- B.N.S.S. — s. 482(2)
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
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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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