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Patna High Court

Saurabh Singh @ Saurav SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, owing to the lack of specific overt acts against the petitioners and the police’s closure report, bail must be granted.

Summary

The petitioners were named in an FIR for alleged offences under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act, relating to an alleged armed intrusion and firing on 19‑03‑2022. They contended that no specific act was attributable to them, that the allegations were vague and that the real perpetrators were co‑accused Divesh Sharma and Nagendra Sharma. The police investigation resulted in a closure report for the petitioners, who also have a clean antecedent, but the magistrate nonetheless took cognizance of the case. The High Court examined the lack of specific overt acts against the petitioners and the police’s closure report, and concluded that there was insufficient material to justify continued detention. Consequently, the Court ordered the release of all petitioners on bail, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Issues considered

  • Whether the petitioners can be granted bail in view of the absence of specific evidence linking them to the alleged offences

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC sections
  • Arms Act
  • closure report
  • clean antecedent
  • specific allegation
  • cognizance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91999 of 2025
                     Arising Out of PS. Case No.-52 Year-2022 Thana- PARWALPUR District- Nalanda
                 ======================================================
           1.     Saurabh Singh @ Saurav Singh S/o- Ramesh Singh @ Matan Singh R/v-
                  Alawan Ps- Perwalpur Dist- Nalanda
           2.    Bittu Kumar @ Ritesh Kumar @ Ritesh S/o- Vijay Singh R/v- Alawan Ps-
                 Perwalpur Dist- Nalanda
           3.    Guddan Pandey @ Mithilesh Kumar Pandey S/o- Shyamnandan Pandey @
                 Shyamnandan Pandey R/v- Alawan Ps- Perwalpur Dist- Nalanda
           4.    Kamlesh Kumar Pandey @ Kamlesh Pandey S/o- Shyamanandan Pandey @
                 Shyamanand Pandey R/v- Alawan Ps- Perwalpur Dist- Nalanda
           5.    Shyamnandan Pandey @ Shyamanand Pandey @ Shyamanand S/o- Late
                 Ramjee Pandey @ Raghunandan Pandey R/v- Alawan Ps- Perwalpur Dist-
                 Nalanda
           6.    Amit Kumar @ Amit Singh S/o- Ram Lakhan Singh @ Malkhan Singh R/v-
                 Alawan Ps- Perwalpur Dist- Nalanda
           7.    Nitish Kumar S/o- Nagendra Kumar @ Nagendra Sharma @ Gonu Singh
                 R/v- Alawan Ps- Perwalpur Dist- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Lovekush Kumar
                 For the Opposite Party/s :      Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                   Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Parwalpur P.S.

                   Case No. 52 of 2022 registered for the offences punishable

                   under Sections 147, 148, 149, 302, 120(B) of Indian Penal

                   Code and Section 27 of Arms Act.
Patna High Court CR. MISC. No.91999 of 2025(2) dt.09-01-2026
                                            2/3




                       3. As per prosecution case, on 19.03.2022, 18-19

          named accused persons including petitioners armed with

          weapon, barged into the house of one Bhola Rawat and

          Rajendra Rawat and started indiscriminate firing.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that no such occurrence as alleged

          ever took place, and petitioners were implicated with present

          case only being the family members. It is submitted that the

          allegation as raised against these petitioner are not specific

          rather same is very general and omnibus. It is also pointed

          that specific allegation to cause fatal firing is against co-

          accused namely, Divesh Sharma and Nagendra Sharma.

                       5. Arguing further, it is submitted that after

          investigation police submitted final form and did not sent up

          these petitioners for facing trial, but learned Magistrate

          without supplying any cogent material by deferring with final

          police report, took cognizance against petitioners. While

          concluding argument, it is submitted that petitioners claimed

          clean antecedent.

                       5 Learned APP duly assisted by learned counsel for
              Patna High Court CR. MISC. No.91999 of 2025(2) dt.09-01-2026
                                                          3/3




                        the informant while opposing the prayer of bail submitted that

                        petitioners were actively involved during the occurrence.

                                        6.     Considering         the       aforesaid   facts   and

                        circumstances and by taking note of fact as no specific overt

                        act appears available against these petitioners, coupled with

                        the fact that police after investigation submitted closure

                        report against above-named petitioners who are of clean

                        antecedent, accordingly all above-named petitioners, in the

                        event of their arrest or surrender before the court below

                        within a period of four weeks, are directed to be released on

                        bail,    furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) each with two sureties of the like amount each to

                        the satisfaction of the learned JM 1st Class V, Hilsa, Nalanda

                        /concerned Court, where the case is pending in connection

                        with Parwalpur P.S. Case No. 52 of 2022, subject to the

                        conditions as laid down under Section 438(2) of the

                        Cr.P.C/Section 482(2) of BNSS.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T


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