Patna High Court
Happy kumar @ Happy singhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Since the petitioner was in judicial custody at the time of the alleged offence, the court held that he was falsely implicated and granted bail subject to prescribed conditions.
Summary
The Patna High Court considered a bail petition filed by Happy Kumar, who had been in custody since 3 January 2026 for alleged offences under Sections 120(b), 307, 302, 34 of the IPC and Section 27 of the Arms Act relating to a murder on 20 June 2022. The petitioner contended that he could not have participated in the crime because he was already in judicial custody for another case (Athmalgola P.S. Case No. 79 of 2020) from 10 March 2020 and had been granted bail by the same court on 5 March 2025. The State opposed bail, noting the seriousness of the charges and the petitioner’s other pending cases. The court examined the custody records and accepted the claim of false implication, concluding that the petitioner’s detention was unwarranted. Accordingly, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, imposing conditions of personal appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite the grave nature of the charges (IPC 120(b), 307, 302, 34 and Arms Act 27).
- Whether the petitioner was falsely implicated because he was in judicial custody at the time of the alleged offence.
- Whether the existence of other pending criminal cases influences the grant of bail.
- What conditions, if any, should be imposed on the bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(b), 147, 148, 149, 302, 307, 34
Subjects
- bail
- false implication
- judicial custody
- murder
- conspiracy
- Arms Act
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21413 of 2026
Arising Out of PS. Case No.-174 Year-2022 Thana- ATHMALGOLA District- Patna
======================================================
Happy Kumar @ Happy Singh Son of Awdhesh Singh @ Sadhu Singh
Resident Of Village - Sirsi Ps -Bakhtiyarpur Dist -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tej Narayan Singh, Advocate
For the Opposite Party/s : Mr.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-06-2026 Heard Mr.Tej Narayan Singh, learned counsel for
the petitioner and Mr.Prem Kumar Jha, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
03.01.2026 in connection with Athmalgola P.S. Case No. 174
of 2022, F.I.R. dated 20.06.2022 registered for the offence
punishable under Sections 120(b),307,302,34 of IPC and
Section 27 of the Arms Act.
3. Three unknown persons are alleged to have fired
upon the father of the informant as a result of which he
sustained multiple gunshot injuries and died during treatment.
4. Learned counsel for the petitioner submits that
the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.21413 of 2026(3) dt.25-06-2026
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As per allegation in the FIR, the petitioner and other co-
accused persons have killed the deceased. Learned counsel for
the petitioner submits that on the date occurrence i.e. on
20.06.2022 the petitioner was in judicial custody in
connection with Athmalgola P.S.Case No. 79 of 2020 under
Sections 147,148,149,302 of IPC & Section 27 of Arms Act
and petitioner was in custody since 10.03.2020 and in the
aforesaid case the petitioner has been granted bail by a
Coordinate Bench of this Hon’ble Court vide order dated
05.03.2025 passed in Cr. Misc. No.70338 of 2024 which
suggests that on the date of occurrence the petitioner was in
judicial custody and he has falsely been implicated in the
present case and the police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in
custody since 03.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that
the petitioner carries five more cases other than the present
one but fairly submits that out of five cases, the petitioner is
on bail in four the cases, and rest one case is pending for
consideration before the competent court of law, as mentioned
in para-3 of the bail petition.
Patna High Court CR. MISC. No.21413 of 2026(3) dt.25-06-2026
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6. Considering the aforesaid facts and on the date of
occurrence the petitioner was in judicial custody, 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 learned S.D.J.M., Barh,
Patna in connection with Athmalgola P.S. Case No. 174 of
2022, with 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/her absence on two consecutive dates
without sufficient reason, his/her 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
Patna High Court CR. MISC. No.21413 of 2026(3) dt.25-06-2026
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order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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