Patna High Court
Naresh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Naresh Singh applied for anticipatory bail after learning that he might be arrested in connection with a case under Sections 25(1‑b)a, 26 and 27 of the Arms Act, arising from a gun‑fire incident at a cultural program in Agrahana village. The FIR alleged that his sons, Shravan and Subhash Singh, fired an illegal weapon and that a country‑made pistol, a semi‑automatic rifle and other arms were recovered from Naresh Singh's residence. The petitioner contended that he had no involvement in the shooting, lived separately from his sons, and that one of the co‑accused had already been granted bail. The State opposed the grant of anticipatory bail, citing the petitioner’s two disclosed criminal antecedents. The Court noted the absence of any specific allegation against the petitioner for firing and, considering the bail already granted to the son, decided to grant anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed the petitioner to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the Arms Act allegations despite his criminal antecedents?
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Arms Act
- illegal weapons
- criminal antecedents
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 91981 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Naresh Singh S/O Late Bechan Singh R/O Vill.- Agrahan, P.S.- Chautham,
Dist.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupesh Kumar Singh, Adv
For the Opposite Party/s : Mr.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Chautham P.S. Case No. 202 of 2025, registered for the
offence punishable under Sections 25(1-b)a/26/27 Arms Act.
3. The case of the prosecution in short as per the
informant is on 18.07.2025, the informant received confidential
information that a fight and gunfire were taking place during the
cultural program at the Dina Badri fair in Agrahana Bharna
Musahari village, allegedly involving Shravan Singh, son of
Naresh Singh. The informant along with the police force,
Patna High Court CR. MISC. No. 91981 of 2025(2) dt.15-01-2026
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reached the fairground. Upon questioning the villagers present,
it was revealed that Shravan Singh and Subhash Singh, both
sons of Naresh Singh, were watching the cultural program at the
Agrahana fair when a fight broke out with Ranjit Kumar, son of
Laxman Sada. Shravan Singh then fired a shot from an illegal
weapon in the crowded area and both of them fled to their
homes. Subsequently, the informant and the police force reached
the residence of Shravan Singh and Subhash Singh. Upon seeing
the police, three individuals managed to escape from the
residence towards the east, into the fields of Bahiyar Manijara.
One of them fired at the police with an illegal weapon. The
present village watchman and villagers identified the fleeing
individuals as 1. Subhash Singh, son of Naresh Singh, 2. Naresh
Singh, son of late Bechan Singh, and 3. Shravan Singh, son of
Naresh Singh. In the presence of villagers Pankaj Singh and
Dharmendra Kumar, Naresh Singh's hut-like dwelling was
searched. Inside the dwelling, concealed among the firewood, a
country-made pistol, five live cartridges of 3.15 bore, and two
iron barrels of a larger weapon were recovered, one of which
wooden cover, a completely iron box, and a box bed kept in the
house yielded a 3.15 bore semi-automatic rifle with five live
3.15 caliber cartridges in its magazine, along with Naresh
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Singh's Aadhaar card and PAN card, which were seized after
preparing a seizure memo.
4. Learned counsel for the petitioner submits that the
petitioner has no concern with the alleged occurrence. He is
living separately from the both sons. One of the co-accused
namely, Subhash Singh has been granted bail by the Court
below. He has two criminal antecedents.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. The petitioner has two criminal antecedents which
have been disclosed in paragraph 3 of the application but he is
on bail in both the criminal cases. From reading of the FIR, it
appears that there is no specific allegation against the petitioner
of firing. Further, the accused namely Subhash Singh has also
been granted bail by the court below. Under these
circumstances, this Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, 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., Khagaria in
Patna High Court CR. MISC. No. 91981 of 2025(2) dt.15-01-2026
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connection with Chautham P.S. Case No. 202 of 2025, subject to
the conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
kiran/-
U T
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