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Patna High Court

Bambam SinghversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                            2/3




          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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