Patna High Court
Bambam SinghversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was refused as the petitioner’s confession and the ongoing trial warranted continued custody.
Summary
Bambam Singh, detained since 11‑December‑2024, applied for bail in connection with S.Tr.No.50/2025 arising from FIR No.83/2024 for offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the informant’s son was murdered and that the accused were involved, with the petitioner’s name added to the case later based on a co‑accused’s confessional statement, after which the petitioner also confessed. The petitioner’s counsel argued that no independent evidence links him to the crime beyond the confessions. The State opposed bail, noting that bail applications of co‑accused had been rejected and that the charge had been framed with trial underway. The Court, considering the confession and the ongoing trial, refused bail and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to the petitioner despite his confession and lack of independent evidence.
- Whether the prior rejection of bail for co‑accused is determinative for the petitioner’s bail application.
- Whether the framing of charges and continuation of trial preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- confession
- murder
- trial expeditious
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11305 of 2026
Arising Out of PS. Case No.-83 Year-2024 Thana- KAJRA District- Lakhisarai
======================================================
Bambam Singh Son of Umesh Singh Resident of Village - Pokhrama, P.S.-
Kajra, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Anjani Pd. Singh, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-04-2026 Heard Mr.Dr. Anjani Pd. Singh, learned counsel for
the petitioner, learned counsel for the informant and
Mr.Bishweshwar Ram, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
11.12.2024 in connection with S.Tr.No.50/2025 arising out of
Kajra P.S. Case No. 83 of 2024, FIR dated 19.08.2024 instituted
for the offences under Sections 103(1), 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that, on the alleged
date and time, the son of the informant went missing and the
next day, his dead body was found in her orchard. Informant
suspects that the accused persons committed the murder of her
son.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.11305 of 2026(4) dt.29-04-2026
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submits that the petitioner is not named in the FIR. The name of
the petitioner has been transpired during investigation on the
basis of the confessional statement of co-accused person.
Thereafter, the petitioner has confessed his guilt in the present
occurrence. Learned counsel for the petitioner submits that
except the aforesaid, nothing has come during investigation
against the petitioner to suggest the involvement of the
petitioner in the present occurrence.
5. Learned counsel for the informant and learned APP
for the State have vehemently opposed the prayer for bail of the
petitioner and submits that for the same set of allegation the bail
application of co-accused persons, namely, Lalan Singh @ Lala
@ Lalan Kumar Singh and Dipak Singh @ Deepak Singh has
been rejected by a Coordinate Bench of this Hon’ble Court vide
orders dated 28.01.2026 and 11.07.2025 passed in Cr. Misc.
Nos. 4429/2026 and 15975/2025 respectively, apart from the
aforesaid, the impugned order reveals that the charge has been
framed and trial is going on.
6. Considering the aforesaid facts, I am not inclined to
enlarge the petitioner on bail in connection with
S.Tr.No.50/2025 arising out of Kajra P.S. Case No. 83 of 2024,
pending in the court of learned A.D.J.-III, Lakhisarai.
Patna High Court CR. MISC. No.11305 of 2026(4) dt.29-04-2026
3/3
7. Prayer is refused.
8. However, the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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