Baiju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3943 of 2026 Arising Out of PS. Case No.-43 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== Baiju Singh Son of Lt. Chandeshwar Singh Resident Of Village - Lodipur, Mansurpur, P.S. - Khushrupur, Dist. - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khushrupur P.S. Case No. 43 of 2025 instituted for the offence under Sections 191(2), 191(3), 190, 103(1) & 115(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. 3.

The prosecution case is based on the fardbeyan of Uday Singh recorded on 27.01.2025 at NMCH, Patna, wherein it is alleged that the informant's family was attacked at their home by FIR-named accused with deadly weapons, and his son Amol Kumar was shot by Gautam Kumar. Amol sustained a gunshot injury and died on the way to NMCH during treatment. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.3943 of 2026(2) dt.28-01-2026 2/3 that the petitioner is in custody since 30-09-2025. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation against the petitioner, rather allegation attributed to the petitioner is general and omnibus in nature. It is evident from the FIR itself, that co-accused, namely, Gautam Kumar has fired. The only allegation against the petitioner is that he was member of the unlawful assembly. Learned counsel for the petitioner submits that petitioner has no role in the alleged offence and he is roped in this case due to earlier dispute. Other co-accused has been granted bail by this Court vide order dated 31-07-2025, passed in Cr. Misc. No. 49359 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and there being no specific allegation against the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on

Patna High Court CR. MISC. No.3943 of 2026(2) dt.28-01-2026 3/3 furnishing bail bonds of Rs. 15,000/- (F Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khushrupur P.S. Case No. 43 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T