Binay Kumar Singh @ Vinay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41388 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- Nagara District- Saran ====================================================== 1.
Kalika Singh @ Kalika Prasad Singh S/o- Baldev Prasad Singh @ Pahadi Lal Prasad Village- Rasulpur Ps- Nagra Dist- Saran 2.
Meena Devi W/o- Kalika Singh @ Kalika Prasad Singh Village- Rasulpur Ps- Nagra Dist- Saran 3.
Angad Kumar S/o- Kalika Singh @ Kalika Prasad Singh Village- Rasulpur Ps- Nagra Dist- Saran 4.
Raju Kumar @ Raju Kumar Kalika Singh S/o- Kalika Singh @ Kalika Prasad Singh Village- Rasulpur Ps- Nagra Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41450 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- CHAPRA TOWN District- Saran ====================================================== Binay Kumar Singh @ Vinay Kumar Singh S/O Kalika Singh R/O VillageRasulpur, P.S- Nagra, Dist.- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43502 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- Nagara District- Saran ====================================================== Dhananjay Kumar Son of Vidyasagar Prasad @ Vidyasagar R/O VillageRasulpur, P.S.-Nagra, District-Saran. at Present R/o Village- Kanhauli Manohar, P.S.- Baniyapur, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
2/4 (In CRIMINAL MISCELLANEOUS No. 41388 of 2025) For the Petitioners :
Mr. Shubhesh Pandey, Advocate For the State :
Mr. Rajendra Prasad Nat, APP For the Informant :
Mr. Praveen Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 41450 of 2025) For the Petitioner :
Mr. Shubhesh Pandey, Advocate For the State :
Mr. Sanjay Kumar Tiwary, APP For the Informant :
Mr. Praveen Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 43502 of 2025) For the Petitioner :
Mr. Udai Shankar Singh, Advocate For the State :
Mr. Shailendra Kumar Singh, APP For the Informant :
Mr. Praveen Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2025 Heard learned counsels appearing on behalf of the petitioners, learned APPs appearing on behalf of the State and learned counsel appearing on behalf of the informant.
2. Since all these petitions arise out of the same P.S. case, they are being taken up together and disposed of by this common order.
3. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 103(1), 3(5) and 61(2) of the B.N.S. and Section 27 of the Arms Act.
4. The prosecution case, in brief, is that 22.02.2025 at around 09:00 PM, while the son of the informant was talking on his phone just outside his house, in the meanwhile, co-accused Sanjay Kumar Prasad, Vinay Kumar and Ajay Prasad @ Ajay Kumar Prasad came on a motorcycle and co-accused Sanjay Kumar Prasad fired upon the son of the informant from his pistol, on which he fell down on the ground. The informant
3/4 further disclosed the name of other accused persons, including these petitioners with whom there was some previous enmity and asserted that they were also involved in executing the crime by conspiring with each other.
5. It is submitted by learned counsels appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of firing is against co-accused Sanjay Kumar Prasad. So far as these petitioners are concerned, there are general and omnibus nature of accusation and no specific accusation of overt act has been alleged against them. They are only alleged to be conspirators of the crime for which there is no material evidence on record. Similarly situated coaccused persons have already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 10.09.2025 passed in Cr. Misc. No. 37603 of 2025 and analogous case. Petitioners in Cr. Misc. No. 41450 of 2025 and Cr. Misc. No. 41388 of 2025 claim clean antecedents and petitioner in Cr. Misc. No. 43502 of 2025 has got one criminal antecedent in which he is already on bail.
6. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of
4/4 anticipatory bail to the petitioners.
7. Considering the facts and circumstances of the case, general and omnibus nature of accusation, clean antecedents and claim based on parity, the prayer for grant of anticipatory bail to the petitioners is allowed.
8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saran in connection with Nagra P.S. Case No. 32 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T