Patna High Court
ANUBHAV KUMAR SINGH @ ABHINAV KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Anubhav Kumar Singh petitioned for regular bail in a case registered under sections 109 and 3(5) of the Bihar Narcotic Substances Act, sections 307 and 34 of the Indian Penal Code and section 27 of the Arms Act. The prosecution alleged that two men on a motorcycle arrived at the petitioner’s hardware shop and opened fire, though no one was injured and no cartridges were recovered. The petitioner claimed he was falsely implicated, citing a confessional statement made in an unrelated case and asserting his innocence. He had been in judicial custody since 4 August 2025. The State opposed bail, but the court, after considering the lack of injury, absence of evidence, and the petitioner’s prolonged custody, ordered his release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether regular bail should be granted in a case involving offences under the Bihar Narcotic Substances Act, IPC sections 307 and 34, and the Arms Act.
- Whether the circumstances of the case, including lack of injury and evidence, justify bail despite the seriousness of the charges.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109, 3(5)
- Indian Penal Code — s. 307, 34
Subjects
- regular bail
- bail petition
- IPC 307
- IPC 34
- Arms Act 27
- Bihar Narcotic Substances Act
- attempt to murder
- common intention
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89561 of 2025
Arising Out of PS. Case No.-262 Year-2025 Thana- EKMA District- Saran
======================================================
ANUBHAV KUMAR SINGH @ ABHINAV KUMAR SINGH Son of
Kamakhya Narayan Singh R/o village - Madansanth, P.s.- Daudpur, District -
Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Kumar Singh, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 109 and 3
(5) of the BNS and Sections 307 and 34 of the Indian Penal
Code and Section 27 of the Arms Act.
3. The case of the prosecution is that two persons on
a bike arrived while the petitioner on his hardware shop. It is
alleged that they started firing and specially the pillion rider
opened fire. The informant saved himself after which the
accused persons fled away from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.89561 of 2025(2) dt.27-01-2026
2/2
connection with the present case. It is further submitted that he
was apprehended in Manjhi P.S. Case No. 270 of 2025 and in
that case he has given his confessional statement and on the
basis of that confessional statement, he has been framed in this
case. It is further submitted that no one has injured in the
alleged occurrence and no empty cartridges were recovered
from the place of occurrence. Moreover, the petitioner is
languishing in judicial custody since 04.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Ekma P.S. Case No. 262 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Saran.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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