Patna High Court
Rajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond and specific conditions.
Summary
Petitioner Rajesh Kumar Singh was arrested on 11 September 2025 in connection with FIR dated 28 August 2025 alleging that he fired at an informant near Kasma Kwahar Bandh, violating Sections 126(2), 115(2), 109 of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The prosecution pointed to a mis‑fired cartridge recovered from the scene and highlighted six prior criminal antecedents, while the petitioner claimed the allegation was false and that the informant sustained no injury. The learned Additional Public Prosecutor opposed bail, whereas the petitioner’s counsel argued innocence and lack of injury. The Court, after considering the seriousness of the offences, the evidence, and the petitioner’s antecedents, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if conditions were breached.
Issues considered
- What considerations govern the grant of bail in a case involving offences under the Bharatiya Nyay Sanhita and the Arms Act?
- Whether the petitioner’s prior criminal antecedents and the recovery of a cartridge justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2)
Subjects
- bail
- criminal antecedents
- firearms offence
- Bharatiya Nyay Sanhita
- Arms Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90358 of 2025
Arising Out of PS. Case No.-177 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Rajesh Kumar Singh S/o- Bhagwat Singh Village- Kasma Marar PS-
Kahajauli District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Ravi Prakash, learned counsel for the
petitioner as well as Mr. Nirmal Kumar Sinha, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.09.2025 in connection with Khajauli P.S. Case No. 177 of
2025, F.I.R. dated 28.08.2025 for the offences punishable under
Sections 126(2), 115(2), 109 of the Bharatiya Nyay Sanhita,
2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant
alleged that on 28.08.2025 at about 09:00 AM,when he was
returning home and reached near village Kasma Kwahar Bandh,
the petitioner fired upon him due to which he fell down.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.90358 of 2025(2) dt.19-01-2026
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present case. The allegation levelled against the petitioner is
false and fabricated. It appears from the FIR itself that the
informant did not received any injury and FIR has been
instituted only to falsely implicate the petitioner. The petitioner
is in custody since 11.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that from bare perusal of the FIR it appears that specific
allegation of firing is attributed against the petitioner and a
misfired cartridge has also been recovered from the place of
occurrence and apart from that the petitioner carries six criminal
antecedents other than the present one but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned C.J.M.,
Madhubani in connection with Khajauli P.S. Case No. 177 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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