Patna High Court
Ram Sighasan SinghversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Ram Sighasan Singh and his son Gaurav Kumar, applied for anticipatory bail in a case alleging assault, stone‑pelting, and a gunshot that killed a passer‑by, with charges under several sections of the Bharatiya Nyaya Sanhita and the Arms Act. The prosecution alleged that the petitioners attacked the informant’s family and that Gaurav fired a shot that missed the informant but killed Munni Devi. The petitioners contended that they were falsely implicated in a long‑standing land dispute and that the injuries were simple, not warranting serious charges. The court noted that the injuries were indeed simple, petitioner 2 had no criminal antecedent and petitioner 1 was only accused in one case, and therefore found no compelling reason to deny bail. Consequently, the court granted anticipatory bail to both petitioners subject to monetary sureties and conditions, while stating that the order’s observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the alleged offences, including simple injuries under Section 109(1) B.N.S., constitute a ground to deny bail.
- Whether the petitioners’ claim of false implication and motive of a land dispute affect the bail decision.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 125(A), 125(b), 126(2), 3(5), 351(2), 352, 482
Subjects
- anticipatory bail
- criminal procedure
- assault
- homicide
- Arms Act
- simple injury
- land dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90235 of 2025
Arising Out of PS. Case No.-152 Year-2025 Thana- AGION (GARHANI) District- Bhojpur
======================================================
1. Ram Sighasan Singh S/O Late Ram Naresh Singh Resident of Village-
Poswa, P.S.- Agiaon, District- Bhojpur
2. Gaurav Kumar S/o Ram Sighasan Singh Resident of Village- Poswa, P.S.-
Agiaon, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in connection with Agiaon (G) P.S. Case No. 152 of 2025
instituted for the offences punishable under Sections 126(2),
115(2), 125(A), 125(b), 109(1), 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, the informant has
alleged that the accused persons including the petitioners started
abusing and pelting stone on the family of the informant. It is
further alleged that co-accused Golu fired gun-shot on the
informant however the shot missed and it hit a passers-by
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namely Munni Devi, who later succumbed to the injuries. It is
further alleged that the petitioners assaulted the informant, his
father and mother.
4. Learned counsel for the petitioner submits that
petitioners have falsely been implicated and no such incident, as
alleged, has taken place. It is further submitted that from perusal
of the injury report it would be evident that the injuries were
found to be simple even after CT-scan was done. It has further
been submitted that the entire family members have been made
accused with an intention to settle a long standing land dispute
between the families. It is further submitted that no case under
Section 109 (1) of the B.N.S. is made out especially in view of
the fact that simple injuries have been sustained by the injured
persons.
5. Learned counsel for O.P. No. 2 as well as the
learned APP appearing on behalf of the State have vehemently
opposed the prayer for anticipatory bail of the petitioners and
have stated that the petitioners had assaulted the informant as
well as the mother and father of the informant. It has further
been submitted that the intention of the petitioners and the entire
family was bad which would be evident from the fact that the
son of petitioner no. 1 had fired upon the informant however the
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shot missed and hit a passers-by who later died.
6. Considering the facts and circumstances as well as
aforesaid submissions and taking into account that the injuries
sustained by the injured persons were found to be simple and
the petitioner no. 2 has no criminal antecedent and petitioner no.
1 is accused in one case, the petitioners are directed to be
released on bail, in the event of their arrest or surrender before
the court below within a period of four weeks from the date of
receipt/production of a copy of this order, on their furnishing
bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-VIII, Ara in
connection with Agiaon (G) P.S. Case No. 152 of 2025, subject
to the conditions as laid down under Section 482 of the BNSS
and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioners;
(ii) the petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
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petitioners will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioners and in case at any stage, it is found
that the petitioners have concealed their criminal antecedents,
the court below shall take step for cancellation of bail bonds of
the petitioners. However, the acceptance of bail bonds in terms
of the above mentioned order shall not be delayed for purpose
of the same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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