Patna High Court
Rajaram SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Arms Act — s. 27(1)
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
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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
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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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