Shivajee Kumar Singh @ Shivajee Singh @ Shivji Singh @ Shivji KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.552 of 2026
                  Arising Out of PS. Case No.-597 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Shivajee Kumar Singh @ Shivajee Singh @ Shivji Singh @ Shivji Kumar
                 Son of Susheel Singh Resident of Mohalla - Gangjala, ward no 16(Near
                 Income Tax office), P.S. - Saharsa, District - Saharsa.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Umesh Paswan Son of Late Biko Paswan Resident of Koshi Colony, Ward
                 no. 17, P.S. - Saharsa, District - Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mrs. Rashmi Jha, Advocate
                 For the Respondent/s   :        Mrs. Usha Kumari 1, SPP
                 For the Resp. No.2     :        Mr. Madhav Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   25-06-2026                     Heard Mrs. Rashmi Jha, learned counsel for the

                   appellant and Mr. Madhav Jha, learned counsel appearing on

                   behalf of the Respondent No. 2 as well as Mrs. Usha Kumari 1,

                   learned Spl.P.P. for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 07.01.2026

                   passed by the learned Court of Additional District & Sessions

                   Judge-I-cum-Special Judge (SC/ST Act), Saharsa in connection

                   with Saharsa Sadar P.S. Case No. 597 of 2025, F.I.R. dated

                   23.05.2025 registered under Sections 103(1) of the Indian Penal

                   Code and Sections 3(2)(v) of the Scheduled Castes and

                   Scheduled Tribes Act.
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                       3. According to the prosecution case, the informant

          alleged that the petitioner along with other accused persons

          conspired and killed his son.

                       4. Learned counsel for the appellant submits that

          appellant has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          appellant has not committed any offences as alleged in the F.I.R.

          From bare perusal of the FIR it appears that the informant is not

          the eye witness of the present case and merely on the basis of

          suspicion he has falsely implicated the appellant and except the

          suspicion, no other cogent material has come during

          investigation which suggest that the appellant is involved in the

          present crime in question and the police, after investigation,

          submitted charge sheet against the appellant. The appellant is in

          custody since 10.08.2025.

                       5. Learned counsel appearing on behalf of the

          Respondent No. 2 as well as learned Special Public Prosecutor

          for the State have vehemently opposed the prayer for bail of the

          appellant and submit that the appellant was arrested and he has

          confessed his guilt in the present occurrence but fairly submits

          that except the confessional statement of the appellant, no other
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          cogent material has come during investigation which suggest

          that the appellant is involved in the present crime in question.

                       6. Considering the facts and circumstances of the

          case, let the appellant, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Court of Additional District & Sessions Judge-I-cum-Special

          Judge (SC/ST Act), Saharsa in connection with Saharsa Sadar

          P.S. Case No. 597 of 2025, with other following conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at

          any stage it is found that the appellant have concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the appellant. However, the
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                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.

                                   7. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T