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Patna High Court

Rajaram SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to strict conditions.

Summary

The petitioners, Rajaram Singh and Bhullu Singh, sought anticipatory bail fearing arrest in connection with PS Matihani Case No. 87 of 2025, which alleged offences under several sections of the Bihar Negotiable Statutes and Section 27(1) of the Arms Act. The prosecution’s informant claimed that Avinash Kumar, not the petitioners, opened fire on a victim, causing a thigh injury to Janki Kumari, while the petitioners were alleged to have participated in an assault. The petitioners argued that the allegations against them were omnibus, the injuries were simple, and the serious injury was attributable to Avinash Kumar. The State opposed the bail, highlighting the petitioners' alleged criminal antecedents. After considering the submissions, the Court granted anticipatory bail to the petitioners, subject to a Rs.10,000 bond, two sureties, and several conditions including regular court appearances, police station attendance, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the alleged offences and their purported criminal antecedents

Legislation cited

Subjects

  • anticipatory bail
  • omnibus allegation
  • criminal antecedent
  • Arms Act
  • assault
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.89777 of 2025
                      Arising Out of PS. Case No.-87 Year-2025 Thana- MATIHANI District- Begusarai
                 ======================================================
           1.     Rajaram Singh Son of Late Balo Singh Resident of Village -Ramdiri Mahaji
                  Bhavanandpur, Ward No 11, PS- Matihani, District- Begusarai
           2.     Bhullu Singh @ Gaurav Kumar @ Bhulla son of Rajaram Singh Resident of
                  Village -Ramdiri Mahaji Bhavanandpur, Ward No 11, PS- Matihani, District-
                  Begusarai
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amar Kumar Singh, Advocate
                                          :        Mr. Amit Prakash, Advocate
                                          :        Ms. Mona, Advocate
                 For the State            :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-01-2026                          Heard Mr. Amit Prakash and Ms. Mona, learned

                   counsel for the petitioners as also learned APP representing the

                   State.

                                  2. The petitioners are apprehending their arrest in

                   connection with Matihani P.S. Case No. 87 of 2025 registered

                   for the offence under Sections 126(2), 115(2), 352, 109(1) and

                   3(5) of the B.N.S. and section 27(1) of the Arms Act, lodged on

                   12.05.2025 by the informant, Kailash Mishra.

                                  3. As per the prosecution story, the informant alleged

                   that firstly this Avinash Kumar wanted them not to do the

                   labour work at Rajiv Singh’s house. Upon opposition, later all

                   the accused persons came and started assaulting Chandan

                   Mishra, Sudhir Mishra and others causing injuries. In the

                   meantime, Avinash opened fire on Chandan Mishra which
Patna High Court CR. MISC. No.89777 of 2025(2) dt.28-01-2026
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          actually hit the thigh of informant’s daughter Janki Kumari.

          They escaped which followed the F.I.R..

                       4. Learned counsel for the petitioners submit that

          omnibus allegation has been made against these petitioners,

          injuries have been found to be simple in nature. So far as, injury

          to Janki Kumari is concerned, it is assigned to Avinash Kumar.

                       5. Learned APP opposes the prayer submitting that

          these petitioners have criminal antecedent.

                       6. Taking into account the submissions of the parties

          as also the fact that allegation mainly is against Avinash Kumar

          of opening fire which hit Janki Kumar, omnibus allegation is

          against these petitioners, injuries have been found to be simple

          in nature, in that background, this Court is inclined to extend

          them the privilege of anticipatory bail.

                       7. Let the petitioners be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of like amount each to the

          satisfaction of         learned Judicial Magistrate, First Class,

          Begusarai, in connection with Matihani P.S. Case No. 87 of

          2025 subject to the following conditions:-

                       (i) one of the bailor should be the family
            Patna High Court CR. MISC. No.89777 of 2025(2) dt.28-01-2026
                                                        3/3




                      member/relative of the petitioners who shall provide official

                      document (Aadhar Card/Voter Id/Driving License/Pan Card) to

                      show his/her bona fide;

                                   (ii) the petitioners shall appear on each and every date

                      before the Trial Court and failure to do so for two consecutive

                      dates without plausible reason will entail cancellation of their

                      bail bond by the Trial Court itself;

                                   (iii) the petitioners shall appear before the concerned

                      police station every month for next six months to mark their

                      attendance and at the end of the period a certificate be submitted

                      before the Trial Court failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds;

                                   (iv) the petitioners shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (v) the petitioners shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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