Patna High Court
Hari Govind SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the evidence did not substantiate the allegations against the petitioners and therefore granted them regular bail.
Summary
The petitioners, Hari Govind Singh and Santosh Singh, were arrested in connection with a shooting incident alleged under sections 191(2), 191(3), 190, 103(1), 109 of the B.N.S and section 27 of the Arms Act. The FIR attributes the firing to a third person, Lallu (also called Mantosh), and the post‑mortem report shows only a single entry‑exit wound on the deceased, casting doubt on the allegation that the petitioners fired the fatal shot. The victim’s uncle, Dadan Singh, who was said to have been shot by Santosh, later testified that Lallu was the shooter, further weakening the case against the petitioners. The State opposed bail, citing the petitioners’ alleged involvement and, in Santosh’s case, prior criminal antecedents. After considering the lack of corroborative evidence and the petitioners’ clean records, the court granted regular bail to both petitioners upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite the FIR allegations and pending charges under the B.N.S and Arms Act?
- Whether the evidence on record sufficiently links the petitioners to the shooting to justify denial of bail?
Legislation cited
Subjects
- regular bail
- criminal miscellaneous
- shooting incident
- Arms Act
- B.N.S
- bail jurisprudence
- evidence assessment
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88587 of 2025
Arising Out of PS. Case No.-73 Year-2025 Thana- AAYAR District- Bhojpur
======================================================
Hari Govind Singh S/O Theju Singh R/O Vill.- Bhinrari, P.S.- Ayear (Aayar),
Dist.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 1561 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- AAYAR District- Bhojpur
======================================================
Santosh singh Son of Hari Govind Singh Resident Of Village- Bherari, Ps-
Ayer (Aayar), Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 88587 of 2025)
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 1561 of 2026)
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners, learned
APP for the State and learned counsel for the informant.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 191(2),
191(3), 190, 103(1) and 109 of B.N.S. and Section 27 of the
Arms Act.
Patna High Court CR. MISC. No.88587 of 2025(3) dt.11-02-2026
2/4
3. The case of the prosecution is that one Lallu @
Mantosh has fired at the informant but he somehow escaped.
After this, Lallu fired another shot at the father of the informant
which hit on his chest due to which he fell down. When the
uncle of the informant Dadan Singh came to rescue then it is
alleged that Chhotu Singh caught him and petitioner Santosh
Singh fired at him which hit in his stomach. It is also alleged
that petitioner Hari Govind Singh has also fired at the father of
the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. They
have falsely been implicated in this case. Learned counsel for
the petitioner has submitted in respect of petitioner, namely,
Hari Govind Singh that from perusal of the FIR itself, it is clear
that there is allegation that petitioner Hari Govind Singh has
also fired but from perusal of the postmortem report, it is clear
that the deceased has received only one entry and one exit
wound i.e., on left side of interior chest size 7 cm above nipple.
According to FIR, the first gun shot which was hit by Lallu is
said to be fired at chest of the deceased. He has also submitted
that the postmortem report goes to show that the deceased has
received only one entry and one exit wound. There is allegation
Patna High Court CR. MISC. No.88587 of 2025(3) dt.11-02-2026
3/4
of two shots of firing. As far as the fire made by petitioner Hari
Govind Singh, it is not made clear as to where did it hit. As
such, it has been submitted that the main thrust of allegation is
against Lallu @ Mantosh. A statement has been made in para-3
of this petition that the petitioner is languishing in judicial
custody since 26.07.2025 and he has got no criminal antecedent
as stated in para-3 of his bail petition.
5. As far as allegation against petitioner Santosh
Singh is concerned in FIR, it has been submitted by learned
counsel that when the uncle of the informant, namely, Dadan
Singh came to rescue, Santosh Singh fired at him and gun shot
hit in his stomach. During course of investigation, victim Dadan
Singh has given his statement before police and has stated that
Lallu @ Mantosh has fired at him. Learned counsel has
submitted that since the victim himself has stated that Lallu has
fired, the allegation against this petitioner does not seem to be
believable. Moreover, the petitioner is languishing in judicial
custody since 01.08.2025.
6. Learned APP appearing for the State and learned
counsel for the informant have opposed the prayer of regular
bail. They have further stated that petitioner, namely, Santosh
Singh is having criminal antecedent of four cases.
Patna High Court CR. MISC. No.88587 of 2025(3) dt.11-02-2026
4/4
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge both the petitioners on bail. The above
named petitioners are directed to be released on bail in
connection with Ayer (Aayer) P.S. Case No. 73 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-VIII, Bhojpur at
Ara.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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