Wakil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50998 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== 1.

Wakil Singh S/o Late Ramjee Singh Resident of Village- Salarpur, PSParbatta, Distt.- Khagaria 2.

Shri Singh @ Abind Kumar Singh S/o Late Ramjee Singh Resident of Village- Salarpur, PS- Parbatta, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.

2. The petitioners seek bail in connection with Parbatta P.S. Case No. 109 of 2025 instituted for the offences under Sections 126(2), 109(1), 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. As per prosecution case, the accusation against the co-accused persons including the petitioners of firing upon the Informant but anyhow, she saved herself.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the

Patna High Court CR. MISC. No.50998 of 2025(3) dt.15-10-2025 2/3 present case due to land dispute and dirty village politics. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. It is further submitted that in the alleged occurrence, no one sustained any fire-arm injury and, as such, no case under Section 109(1) of the B.N.S. is made out against the petitioners. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners have no criminal antecedent and are languishing in judicial custody since 25.05.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners, stating that the offence alleged is serious in nature. The police has also recovered two empty shells from the place of occurrence.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.50998 of 2025(3) dt.15-10-2025 3/3 below/concerned Court in connection with Parbatta P.S. Case No. 109 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T