Laxmi Singh @ Laxmi Narayan Singh @ Munna Vs the… — Murder and Culpable Homicide | Patna HC (2025)

Laxmi Singh @ Laxmi Narayan Singh @ Munna Vs the… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to the condition that he participate in the trial, failing which (unauthorized absence on two consecutive occasions without prior permission of the Trial Court) the bail is liable to be cancelled.

Issue for consideration

Whether regular bail should be granted to the petitioner, Laxmi Singh @ Laxmi Narayan Singh @ Munna, in connection with Chakia P.S. Case No. 05 of 2017 registered for offences punishable under Sections 302, 120(b) read with Section 34 IPC and Section 27 of the Arms Act.

Court's answer

The court found there is no direct allegation of firing upon the deceased by the petitioner, and he was admittedly at the relevant time in jail; further, the confessional statement of co-accused Tunna Singh merely alleged that the petitioner was used only to pressurize the informant Pappu Khuswaha.

Ratio / Principle

Taking into account that the petitioner is in jail since 03.02.2017 in the present case and that the trial is not likely to be concluded in the near future, the court proceeded to grant bail.

Key takeaways

The petitioner was enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, East Champaran at Motihari, in connection with Chakia P.S. Case No. 05 of 2017.ratio¶6
The petitioner shall participate in the trial; his unauthorized absence from trial proceedings on two consecutive occasions, without seeking prior permission of the Trial Court, would render the bail granted to him liable to be cancelled.ratio¶7

Detailed headnote1 paragraphs

Patna High Court — Criminal Miscellaneous No.69827 of 2023 (oral order dated 10-04-2025, Sourendra Pandey, J.) — Regular bail granted to Laxmi Singh @ Laxmi Narayan Singh @ Munna in Chakia P.S. Case No. 05 of 2017 (District East Champaran), registered for offences punishable under Sections 302, 120(b) read with Section 34 IPC and Section 27 Arms Act. Petitioner not named in the FIR; implicated through the confessional statement of co-accused Tunna Singh (petitioner's own brother), which alleged only that the petitioner was used to pressurize informant Pappu Khuswaha over a tender. Court weighed: no direct allegation of firing upon the deceased by the petitioner; petitioner admittedly in jail at the relevant time; custody since 03.02.2017; trial not likely to conclude in the near future; parity with a similarly situated co-accused bailed on 09.02.2021 in Cr. Misc. No. 33502 of 2020. Enlarged on bail-bond of Rs. 10,000/- with two sureties of the like amount each; bail conditional on trial attendance — unauthorized absence on two consecutive occasions without the Trial Court's prior permission renders it liable to cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69827 of 2023

Arising Out of PS. Case No.-5 Year-2017 Thana- CHAKIA District- East Champaran

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

Laxmi Singh @ Laxmi Narayan Singh @ Munna S/O Late Binda Singh Village Nankar Patahi, P.S. Patahi, Dist. East Champaran

... ... Petitioner/S

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anshul, Sr. Adv Mr. Sanjeev Ranjan, Adv For the Opposite Party/s : Mr. Braj Kishore Pd., APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

7 10-04-2025

Heard learned Senior Counsel for the petitioner and

learned A.P.P for the State.

2 . The petitioner has preferred this application for

grant of regular bail in connection with Chakia P.S. Case No. 05 of 2017 registered for the offences punishable u/s 302, 120(b) read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3 . As per the prosecution case, the informant has alleged that four persons riding a motorcycle had come to the house and had fired upon his nephew namely Aakash Kumar and had also threatened the family members of dire consequences. Thereafter, all the four miscreants fled from the place of occurrence.

4 . Learned Senior counsel for the petitioner has

Patna High Court CR. MISC. No.69827 of 2023(7) dt.10-04-2025 2/3

submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired in this case during the course of investigation in the confessional statement of the coaccused Tunna Singh (own brother of the petitioner). It has been submitted that during the course of investigation the co-accused Tunna Singh in his confessional statement has stated that in order to pressurize Pappu Khuswaha (informant) not to participate in a tender, Laxmi Singh (petitioner), Balmiki Singh and Arvind Singh were used to manage Pappu Khuswaha (informant), however, he was not conceding to their pressure. On account of such fact there was a meeting held at Bariyarpur and it was planned that Pappu Khuswaha (informant) should be eliminated. Lastly it was submitted that similarly situated coaccused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 09.02.2021 passed in Cr. Misc. No. 33502 of 2020. The petitioner has twenty two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.02.2017.

5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6 . Considering the aforesaid facts that there is no

Patna High Court CR. MISC. No.69827 of 2023(7) dt.10-04-2025 3/3

direct allegation of firing upon the deceased by the petitioner and he was admittedly at the relevant time in jail and taking into consideration the confessional statement of the co-accused Tunna Singh, who has merely alleged that Laxmi Singh (petitioner) was used only to pressurize Pappu Khuswaha (informant) and also taking into account that the petitioner is in jail since 03.02.2017 in the present case and also the fact the trial is not likely to be concluded in near future, let the petitioner above-named, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Chakia P.S. Case No. 05 of 2017.

7. However, it is made clear that the petitioner shall participate in the trial and his unauthorized absence from trial proceedings on two consecutive occasions, without seeking prior permission of the Trial Court, would render the bail granted to the petitioner liable to be cancelled.

8 . The application stands allowed.

(Sourendra Pandey, J)

Jyoti/-

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