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Patna High Court

Ram Babu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner on the condition of a bail bond and sureties.

Summary

Ram Babu Singh was arrested in connection with a murder in which the informant's son was shot dead, the FIR naming co‑accused Bhola Singh as the shooter. The petitioner is alleged only to have been present at the scene and faces charges under Sections 103, 61(2), 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. He has been in custody since 15 September 2025 and a chargesheet has been filed. The petitioner sought bail, arguing there is no allegation of an overt act on his part, while the State opposed the bail. The Court, considering the nature of the accusation and the period of custody, granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the conditions set by the Additional Chief Judicial Magistrate, Sitamarhi.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S., 2023 and the Arms Act
  • Whether the petitioner’s alleged presence at the scene, without any overt act, warrants detention pending trial

Legislation cited

Subjects

  • bail
  • murder
  • Arms Act
  • Bihar Narcotic Substances Act
  • criminal procedure
  • custody
  • chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87868 of 2025
                        Arising Out of PS. Case No.-328 Year-2024 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Ram Babu Singh S/O Late Vishnu singh R/O Village- Chainpura. P.S.- Riga,
                 District- Sitamarhi
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amrit Abhijat
                 For the Opposite Party/s :        Mrs.Pushpa Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 103, 61(2), 3(5) of the B.N.S., 2023 and

                   Section 27 of the Arms Act.

                                3. As per F.I.R., co-accused Bhola Singh shot in the

                   head of son of the informant, on account of which, son of

                   informant died on spot.

                                4. Learned counsel for the petitioner submits that so

                   far as petitioner is concerned, he is only alleged to be present at

                   the place of occurrence. There is absolutely no allegation of

                   overt act against this petitioner.           Petitioner is in custody since

                   15.09.2025. Chargesheet has been submitted.

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

                   bail.
           Patna High Court CR. MISC. No.87868 of 2025(2) dt.30-01-2026
                                                       2/2




                                  6. Considering the nature of accusation and period of

                     custody, let the above named petitioner 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 learned

                     A.C.J.M. - VI, Sitamarhi in connection with Riga P.S. Case No.

                     328 of 2024.



                                                  (Prabhat Kumar Singh, J)
anay

U      T


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