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Patna High Court

Laxmi Narayan @ Laxmi Narayan SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the bail application, holding that the petitioner’s inclusion in the co‑accused’s self‑inculpatory statement warranted denial of bail.

Summary

The petitioner, Laxmi Narayan, applied for regular bail in a case registered as Barahiya P.S. Case No. 172/2025, which alleged offences under Section 103(1) of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that three unknown persons shot and killed the deceased, and a co‑accused, Sonu Jha, had made a self‑inculpatory statement naming the petitioner. The petitioner’s counsel argued that the petitioner was falsely implicated, had only one prior criminal antecedent, and was willing to cooperate with the trial. The State opposed bail on the ground that the co‑accused’s statement implicated the petitioner. The Court, after considering the material, was not persuaded to grant bail and dismissed the bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the co‑accused’s self‑inculpatory statement naming him.
  • Whether the presence of the petitioner’s name in the co‑accused’s statement is sufficient ground to deny bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • self‑inculpatory statement
  • co‑accused
  • grant of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90712 of 2025
                     Arising Out of PS. Case No.-172 Year-2025 Thana- BARHIYA District- Lakhisarai
                 ======================================================
                 Laxmi Narayan @ Laxmi Narayan Singh S/O Rajeev Kumar @ Rajeev Singh
                 R/O Village- Barahiya Dani Tola, Ward No.- 13, P.S- Barahiya, Distt.
                 Lakhisarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Om Prakash Maharaj, Advocate
                 For the Opposite Party/s :       Mr.Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   30-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Barahiya P.S. Case No. 172/2025 registered for the offences

                   punishable under Section 103(1) of B.N.S. and Section 27 of

                   Arms Act.

                                3. As per the prosecution case, three unknown persons

                   shot and killed the deceased.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has one criminal antecedent and

                   he is in custody since 25.08.2025. The petitioner undertakes to

                   co-operate in the case/ trial.
              Patna High Court CR. MISC. No.90712 of 2025(4) dt.30-03-2026
                                                          2/2




                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner on the ground that name of the

                        petitioner has come in the self-inculpatory statement of the co-

                        accused namely Sonu Jha.

                                     6. Considering the aforesaid facts, this Court is not

                        inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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