Patna High Court
Arun SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner, finding no sufficient ground to deny release.
Summary
Arun Singh was arrested in connection with a violent incident in which co‑accused fired at an informant’s father, causing his death, and others assaulted family members. He is charged under several sections of the Bihar Narcotic Substances Act, 2023 and the Arms Act for allegedly firing at a person named Shambhu Kumar, though the injury report shows no firearm injury. The petitioner, in custody since 6 June 2025, applied for bail, contending he was not the shooter of the deceased and that the evidence against him is weak. The State opposed the bail on the seriousness of the offences. The High Court, after considering the facts and the length of custody, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail can be granted to an accused charged with multiple serious offences, including offences under the Arms Act and the Bihar Narcotic Substances Act, when co‑accused have committed homicide.
- Whether the absence of firearm injury to the alleged victim (Shambhu Kumar) negates the charge against the petitioner.
- Whether the period of custody (since 6 June 2025) warrants the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 109(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3), 352
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- serious offences
- custody
- grant of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91813 of 2025
Arising Out of PS. Case No.-186 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Arun Singh S/O Late Daya Singh R/O Vill.- Berauti, P.o.- Nepura, P.s.-
Deepnagar, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rudal Singh, Advocate
For the Opposite Party/s : Mrs. Dr. Indiwar Kumari , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State .
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 191(2), 191(3), 190, 115(2),
126(2), 109(1), 103(1), 117(2), and 352 of the B.N.S., 2023, and
Sections 25(1-B)(a), 26, and 35 of the Arms Act.
3 . The allegation against the petitioner is that he,
along with other accused persons, armed with weapons, came to
the house of the informant and started abusing him and his
family members. It is further alleged that co-accused Gauri
Shankar fired from a pistol at the informant’s father causing his
death. Co-accused Prahlad Kumar and Nitish Kumar assaulted
the informant’s brother, Dilkhush Kumar, with a danda and a
rod on his hand and head. This petitioner is alleged to have fired
Patna High Court CR. MISC. No.91813 of 2025(2) dt.13-02-2026
2/2
upon one Shambhu Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is not the assailant of the deceased. He is alleged only
to have fired upon one Shambhu Kumar but as per injury report
of Shambhu Kumar, no firearms injury was found. Petitioner is
in custody since 06.06.2025 and the charge-sheet has been
submitted in this case .
5 . Learned A.P.P. for the State vehemently opposed
the prayer for grant of bail.
6. Considering the aforesaid facts and the period of
custody , the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above-named petitioner be
released on bail on furnishing a bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate - 1 st Class (VII )
Biharsharif Nalanda in connection with Dipnagar P.S. Case No.
186 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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