Patna High Court
Saurabh Singh @ Saurav SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 120(B), 147, 148, 149, 302
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
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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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