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Patna High Court

Naresh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No. 91981 of 2025(2) dt.15-01-2026
                                             3/4




          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
                                                          4/4




                        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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