Patna High Court
Babloo Singh @ Sushil SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
Petitioners Babloo Singh and Chhotu Mahto were arrested in connection with a 2023 murder case (PS Rosera Case No. 503) involving offences under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. They claimed innocence, asserting that only a co‑accused’s confessional statement implicated them and that no other material linked them to the crime. The prosecution opposed bail, highlighting their criminal antecedents and the seriousness of the charges. The Court examined the investigation record, the co‑accused’s statements, and the petitioners’ antecedents, and concluded that bail could be granted with strict conditions to ensure trial cooperation and prevent tampering with evidence. Accordingly, the Court ordered bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding appearance, evidence tampering, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to accused persons charged with murder, conspiracy and offences under the Arms Act despite their criminal antecedents.
- Whether the confessional statements of co‑accused and lack of other material evidence justify release on bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- Arms Act
- criminal antecedents
- trial cooperation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1960 of 2026
Arising Out of PS. Case No.-503 Year-2023 Thana- ROSERA District- Samastipur
======================================================
Babloo Singh @ Sushil Singh S/O Late Heera Prasad Singh R/O Village -
Damodarpur Ward no.- 5, P.S- Rosera, District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2532 of 2026
Arising Out of PS. Case No.-503 Year-2023 Thana- ROSERA District- Samastipur
======================================================
Chhotu Mahto @ Aman Kumar S/o Lalit Mahto Resident of village-
Bishanpur, Police Station - Begusarai, District-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 1960 of 2026)
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
(In CRIMINAL MISCELLANEOUS No. 2532 of 2026)
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
: Ms. Maria Nazir, Advocate
: Mr. Himanshu Ranjan, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-04-2026 Heard Mr. Vivekanand Singh, learned counsel for
the petitioner, Md. Nazir Ansari, learned Additional Public
Prosecutor for the State (In Cr. Mis. No. 1960 of 2026) and Mr.
Rajesh Ranjan, learned counsel for the petitioner, Md. Ataur
Rahman, learned Additional Public Prosecutor for the State (In
Cr. Mis.No. 2532 of 2026) .
Patna High Court CR. MISC. No.1960 of 2026(3) dt.09-04-2026
2/4
2. Petitioners seek bail in connection with Rosera P.S.
Case No. 503 of 2023, F.I.R. dated 09.09.2023 for the offences
punishable under Sections 302, 120(B), 34 of Indian Penal Code
and 27 of Arms Act.
3. According to prosecution case, the informant
alleged the petitioners along with other co-accused persons in
conspiracy committed murder of her husband due to land
dispute and political rivalry.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. It is next submitted that during course of
investigation confessional statement of co-accused, Md. Abrar
Warsi was taken, which is recorded in paragraph no.139 of the
case diary in which he has stated that another co-accused,
Subhash Jha had fired upon the victim and thereafter petitioner,
namely, Babloo Singh @ Sushil Singh had confessed his guilt
and as far as allegation against these petitioners are concerned,
they were only involved in conspiracy and except the
confessional statement of co-accused and self-confessional
statement of one of the petitioner, no other cogent material has
come during investigation which suggest the involvement of the
petitioners in the present occurrence and similarly situated co-
Patna High Court CR. MISC. No.1960 of 2026(3) dt.09-04-2026
3/4
accused persons, namely, Saket Kumar @ Raja Jha @ Saket
Kumar Jha @ Rakesh Kumar Jha and Rajesh Kumar Mandal @
Rajesh Mandal @ Khanna have been granted the privilege of
bail by the co-ordinate Bench of this Court vide order dated
12.12.2025 and 02.05.2025 in Cr. Misc. No. 42584 of 2025 and
Cr. Misc. No. 16598 of 2025. The police after investigation
submitted charge-sheet against the petitioners and petitioner,
namely Babloo Singh @ Sushil Singh is in custody since
01.02.2024 and petitioner, namely Chhotu Mahto @ Aman
Kumar is in custody since 14.07.2024.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner, namely, Babloo Singh @ Sushil Singh
has got six criminal antecedents in which he is acquitted in two
case and he is on bail in three case and one case is pending for
consideration before competent court of law and petitioner,
namely, Chhotu Mahto @ Aman Kumar has got three criminal
antecedents in which he is on bail in all cases.
6. Considering the aforesaid facts and circumstances
as well as period of custody, let the petitioners, 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
Patna High Court CR. MISC. No.1960 of 2026(3) dt.09-04-2026
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satisfaction of the learned Additional District and Session judge
1st Rosera in connection with Rosera P.S. Case No. 503 of 2023,
subject to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Suruchi/-
U T
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