Patna High Court
Gunja SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond and standard conditions.
Summary
Gunja Singh, the wife of the deceased Priyanshu Singh, was arrested on 2 July 2025 in connection with a murder case (Nabi Nagar P.S. Case No.205 of 2025) and charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution’s case is based mainly on the confessional statement of a co‑accused, Mukesh Kumar, as the FIR did not originally name the petitioner. The petitioner’s counsel argued that she has a clean antecedent, that the FIR is fabricated, and that no material evidence links her to the offence apart from the co‑accused’s statement. The State opposed bail, contending that the petitioner was identified as an active participant during investigation. The Court, noting the lack of direct evidence, the petitioner’s clean record, and the fact that a similarly situated co‑accused had been granted bail, ordered her release on bail with a bond of Rs.10,000 and two sureties, subject to standard conditions for appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences (murder and illegal arms possession).
- Whether the confessional statement of a co‑accused is sufficient ground to deny bail in the absence of other incriminating material.
- Whether the petitioner’s clean antecedent and the fact that she was not named in the FIR warrant bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- confessional statement
- arms act
- murder
- clean antecedent
- Bihar Narcotic Substances Act
- Section 27 Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13330 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Gunja Singh Wife of Late Priyanshu Singh D/o Ramswaroop Singh, R/O
Village - Barwan, P.S.- Navinagar, District - Aurangabad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
: Mr. Purushottam Kumar, Advocate
: Ms. Kajal, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
For the Informant : Mr. Kamlendra Pd. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 10-04-2026 Heard leaned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. Petitioner seeks bail who is in custody since
02.07.2025 in connection with Nabi Nagar P.S. Case No. 205 of
2025 for the offences punishable under Sections 103(1) and 3(5)
of BNS, 2023 and Section 27 of the Arms Act.
3. The prosecution story, in brief, is that the informant
namely, Himanshu Kumar Singh recorded his fardbayan stating
therein inter alia, that his brother namely, Priyanshu Singh on
23.06.2025 had gone to the house of his brother in law (behnoi)
namely, Mithilesh Singh and from there on 24.06.2025 he was
returning to his home via Intercity Express. When he reached
near Navinagar Station he called on his mother's phone and
asked for his motorcycle. Then his co-villager namely, Amit
Kumar Singh and Anup Kumar took the key of the motorcycle
Patna High Court CR. MISC. No.13330 of 2026(3) dt.10-04-2026
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of Priyanshu Singh from his mother and proceeded towards
Navinagar railway station. Thereafter, while bringing Priyanshu
Singh to Barwan village, when they reached 1 K.M near
Lembokhap village, some unknown persons at around 19:30
P.M shot his brother namely, Priyanshu Singh and the co-
villagers took his brother to Refer Hospital, Nabinagar where in
course of treatment he was declared dead.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and she has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It is next submitted that initially the
petitioner was not named in the FIR and the name of the
petitioner has transpired during the investigation on the basis of
confessional statement of co-accused person, namely Mukesh
Kumar. Learned counsel for the petitioner further submits that
except the confessional statement of the co-accused person,
nothing has come during investigation to suggest the
involvement of the petitioner in the present occurrence and
similarly situated co-accused person, namely, Jeewan Prasad
Singh @ Jivan Prasad Singh has been granted bail vide order
Patna High Court CR. MISC. No.13330 of 2026(3) dt.10-04-2026
3/4
dated 22.1.2026 passed in Cr. Misc. No. 79088 of 2025. It is
next submitted that the police after investigation has submitted
charge-sheet and the petitioner is in custody since 02.07.2025.
5. Learned APP for the State and learned counsel for
the informant, on the other hand, have vehemently opposed the
prayer for bail of the petitioner and submit that during the
course of investigation the name of the petitioner has transpired
as an active liner in the present case but fairly submits that
nothing has come during the course of investigation which
suggests that the petitioner has participated in the present crime
in question.
6. Considering the aforesaid facts that petitioner has
clean antecedent and the petitioner is not named in the FIR and
name of the petitioner has transpired on the basis of
confessional statement of co-accused person and also the fact
that similarly situated person has been granted bail by a
Coordinate Bench of this Court, let the petitioner, 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 the Court of learned Additional Chief Judicial
Magistrate-I, Aurangabad in connection with Nabi Nagar P.S.
Case No. 205 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.13330 of 2026(3) dt.10-04-2026
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i. Petitioner 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 her absence on two consecutive dates without sufficient
reason, her bail bond shall be canceled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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