Sanjay Singh Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Sanjay Singh Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with S. Tr. No. 419 of 2024 arising out of Bakhtiyarpur Rail P.S. Case No. 168 of 2023.

Issue for consideration

Whether the petitioner, charged in Bakhtiyarpur Rail P.S. Case No. 168 of 2023 (GR No. 1319 of 2023) under Sections 302, 120B, 34 IPC and Section 27 Arms Act, should be released on bail, given his counsel's submissions that he is not named in the FIR, was implicated on a co-accused's confessional statement, faces no direct allegation of firing, and has been in custody since 24.10.2024.

Court's answer

Considering the facts and circumstances of the case, there being no direct allegation of firing upon the deceased and given the period of custody of the petitioner, the Court was inclined to grant bail.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with S. Tr. No. 419 of 2024 arising out of Bakhtiyarpur Rail P.S. Case No. 168 of 2023.

Detailed headnote1 paragraphs

Sanjay Singh v. The State of Bihar, Criminal Miscellaneous No.11932 of 2025 (High Court of Judicature at Patna, oral order dated 04-04-2025, Rudra Prakash Mishra, J) - bail granted. Petitioner sought bail for offences under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act registered as Bakhtiyarpur (Fatuha) P.S. Case No. 168 of 2023 / GR No. 1319 of 2023 (proceeding as S. Tr. No. 419 of 2024), arising from the firing death of the informant's brother. Counsel submitted the petitioner was not named in the FIR, transpired only on the confessional statement of co-accused Santosh Kumar, faced specific firing allegations only against co-accused Golu Kumar, Santosh Kumar and Laddo Yadav, was in custody since 24.10.2024 and had no criminal antecedent; the APP pointed out rejection of co-accused's bail vide order dated 19.03.2025 in Cr. Misc. No. 77274 of 2024. Holding: bail allowed because there was no direct allegation of firing upon the deceased and considering the period of custody; release ordered on bail bonds of Rs.10,000/- with two sureties of the like amount each.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11932 of 2025

Arising Out of PS. Case No.-168 Year-2023 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna

======================================================

Sanjay Singh S/O Late Devsaran Singh R/O Village- Chaura, P.SDaniyawan, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vishwanath Prasad, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

3 04-04-2025

Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

The petitioner seeks bail in connection with Bakhtiyarpur (Fatuha) P.S. Case No. 168 of 2023 GR No. 1319 of 2023 instituted for the offences under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case, in short, is that, the accused persons including the petitioner fired upon the informant’s brother due to which he died on the spot.

Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of

Patna High Court CR. MISC. No.11932 of 2025(3) dt.04-04-2025 2/3

the petitioner transpired in this case on the basis of confessional statement of the co-accused Santosh Kumar. Learned counsel further submitted that the specific allegation of firing upon the deceased is against co-accused Golu Kumar, Santosh Kumar and Laddo Yadav. Learned counsel further submitted that except confessional statement of the co-accused, there is no cogent material against the petitioner to show his involvement in the alleged occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.10.2024 and has no criminal antecedent.

Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that prayer for grant of bail to a co-accused persons has already been rejected vide order dated 19.03.2025 passed in Cr. Misc. No. 77274 of 2024.

Considering the aforesaid facts and circumstances of the case, there being no direct allegation of firing upon the deceased as also the period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.11932 of 2025(3) dt.04-04-2025 3/3

below/concerned Court in connection with S. Tr. No. 419 of 2024, arising out of Bakhtiyarpur Rail P.S. Case No. 168 of 2023.

(Rudra Prakash Mishra, J)

Alok Verma/-

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