Patna High Court
Upendra Singh @ Upendra Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was allowed.
Summary
The petitioners, Upendra Singh and Sanjay Singh, feared arrest in connection with Surajgarha Police Station Case No. 03 of 2025, which involved alleged offences under several sections of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The prosecution alleged that a person named Amarjit caused a firearm injury to the victim, but no specific allegation was made against the petitioners. The petitioners contended that they were falsely implicated despite having two prior criminal antecedents and applied for anticipatory bail. The State opposed the bail application. The Court, noting the absence of any direct allegation against the petitioners, allowed the anticipatory bail application, directing that they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS. The order was made to be complied with by the Chief Judicial Magistrate, Lakhisarai, within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the absence of specific allegations against them.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109(1), 115(2), 126(2), 191(2), 329(3)
- Bihar Negotiable Instruments Act (BNSS) — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bihar Negotiable Instruments Act
- Arms Act
- firearm injury
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90943 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
1. Upendra Singh @ Upendra Narayan Singh S/O Late Ramgulam Singh R/O
Village - Rampur, P.S- Surahgarha, Dist- Lakhisarai.
2. Sanjay Singh @ Gudo Singh S/O Upendra Singh @ Upendra Narayan Singh
R/O Village - Rampur, P.S- Surahgarha, Dist- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parmanand Pd. Nr. Sahi
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Surajgarha P.S. Case No. 03 of 2025 registered
for the offence under Sections 191(2)/ 126(2)/ 115(2)/ 329(3)/
109(1) of B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, one Amarjit had
caused fire arm injury on the victim.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
petitioners have two criminal antecedents.
Patna High Court CR. MISC. No.90943 of 2025(2) dt.28-01-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and there is no
specific allegation against the petitioners, this application is
allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Lakhisarai/ concerned Court below in
connection with Surajgarha P.S. Case No. 03 of 2025, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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