Patna High Court
Jamuna SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to strict conditions, finding no sufficient ground to deny bail under the UAPA provisions.
Summary
Jamuna Singh was arrested in connection with a 2016 incident in which Naxal operatives allegedly killed three persons, including her husband, and seized a document. She has been in custody since 23 October 2024 and faces charges under Sections 16 to 22 of the Unlawful Activities (Prevention) Act. The petitioner contended that she has a clean antecedent, the FIR is fabricated, and she was implicated merely for opposing the deceased’s activities, noting that co‑accused have already been granted bail in similar cases. The State opposed bail, citing the seriousness of the offences. The Court, after considering the circumstances, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if conditions are breached.
Issues considered
- Whether bail can be granted to an accused under Sections 16‑22 of the Unlawful Activities (Prevention) Act in view of the seriousness of the alleged offences.
- Whether the petitioner’s claim of a fabricated FIR and clean antecedent warrants bail despite the nature of the charges.
Legislation cited
- Unlawful Activities (Prevention) Act — s. 16, 17, 18, 19, 20, 21, 22
Subjects
- bail
- UAPA
- Naxalism
- criminal procedure
- serious offences
- fabricated FIR
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13432 of 2026
Arising Out of PS. Case No.-57 Year-2016 Thana- CHAKAI District- Jamui
======================================================
Jamuna Singh S/O Late Khem Narayan Singh Resident of Village- Chauki,
P.S.- Bhelwaghati, District- Giridih, Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate
: Mr. Abhay Kumar, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 19-06-2026 Heard Mr. Ajit Kumar, learned counsel for the
petitioner and Dr. Indiwar Kumari, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.10.2024 in connection with Chakai P.S. Case No. 57 of 2016
for the offences punishable under Sections 16,17,18,19,20,21
and 22 of UAP Act.
3. The case of the prosecution, in brief, is that the
informant lives with her family members in village Gavdi P.S.
Chakai, District- Jamui. In her village the group of Surangda
and Sikoda used to come quite often and stay in the village and
informant recognized regular members of Naxal Dasta who are
resident of her adjacent village. On 21/05/2016 at about
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11:30AM Surang Da, Sidhkora, Lal Mohan Da along with
Ishwar Rana and Govind Mandal, Tejo Mandal, Ramesh
Morwadi, Baso Mandal, Yogesheswar Mandal, Suresh Suri,
Jamuna Singh (petitioner) and about 20 naxals came to her
house and took her husband to nearby hut of Tejo mandal which
was about 50 feet from her house. In the hut Naxals had kept
one Mukesh Rai in captive and enquiring about his role as spy
and also assaulting him. The further case of informant is that at
about 12:30 in the night sound of cry was heard and then she
saw that the Naxals had cut the head of three persons with
Kulhari. The Naxals were also speaking that they have taken
revenge of Chirag Da. In the morning the informant saw the
dead body of Joginder Turi and Mukesh Rai and 10 feet away
on the road the dead body of her husband Tipan mandal was
lying and in his hand Naxali parcha was also lying. The Cause
of action for the present occurrence as per the informant is that
Tejo mandal of her village used to cut jungle with the help of
naxalites and her husband and other two deceased were
opposing cutting of jungle and they had also got Tejo Mandal
apprehended by the police and for that naxals had threatened the
informant.
4. Learned counsel for the petitioner submits that
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petitioner has clean antecedent and is innocent and he 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. Learned counsel for the petitioner next
submits that the petitioner has been made an accused in the
present case merely on the ground that he has opposed the
activity of the deceased person. It is next submitted that the
deceased person belongs to the naxalite group. Learned counsel
for the petitioner further submits that for the same set of
allegation, co-accused persons, namely, Ramesh Marandi and
Baso Mandal have been granted regular bail by different co-
ordinate Benches of this Court in Cr. Misc. No. 49583 of 2017
and Cr. Misc. No. 36528 of 2018 respectively and the petitioner
is in custody since 23.10.2024
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 learned Additional
Sessions Judge-I-cum-Special Judge, SC/ST Act, Jamui in
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connection with Chakai P.S. Case No. 57 of 2016, subject to the
following conditions:-
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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled 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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