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Patna High Court

Jamuna SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.13432 of 2026(5) dt.19-06-2026
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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
Patna High Court CR. MISC. No.13432 of 2026(5) dt.19-06-2026
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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
           Patna High Court CR. MISC. No.13432 of 2026(5) dt.19-06-2026
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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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