Created by Fuzzy Cloud

Patna High Court

Happy kumar @ Happy singhversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
                                            3/4




                       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
                                                           4/4




                         order shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.