Patna High Court

Naresh SinghversusThe State of Bihar

Decided: 6 May 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Naresh Singh, was charged under IPC Sections 302 (murder), 120(B) (criminal conspiracy), 379/34 (theft and common intention) for the killing of his brother at a brick kiln. He applied for regular bail, claiming innocence and arguing that the FIR was filed a day after the post‑mortem, indicating a delayed and possibly weak case. The State opposed the bail, citing the seriousness of the offences. The court considered the nature of the accusations, the period of custody since January 2026, and the fact that a charge‑sheet had already been filed. Weighing these factors, the court allowed the bail application, directing the petitioner to be released upon furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged with murder, criminal conspiracy and theft.
Whether the period of custody and filing of charge‑sheet justify denial of bail.

Legislation cited

Indian Penal Code — s. 120(B), 302, 34, 379

Subjects

regular bail
murder
criminal conspiracy
theft
IPC
high court
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23826 of 2026
                   Arising Out of PS. Case No.-56 Year-2022 Thana- CHANDRAMANDI District- Jamui
                 ======================================================
                 Naresh Singh S/o Hari Singh R/o Village- Belbona, P.S- Chandramandih,
                 Dist- Jamui.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :     Mr. Nagendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-05-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Chandramandih P. S. Case No. 56 of 2022 registered for the

                   offences punishable under Sections 302, 120(B), 379/34 of the

                   Indian Penal Code.

                                3. As per the FIR, the informant alleged that his

                   brother, who was working as ‘Munsi’ on brickkiln, was killed by

                   the accused persons. It is alleged that the accused persons

                   assaulted the deceased with Tangi, rod and Knife. Further

                   alleged that when his brother was crying for help at that time,

                   co-accused Bhuneshwar Singh threw Jhawa Bricks on his head.

                   After hearing of the sound, other family members including

                   ladies raised alarm, then accused persons fled away. He further
Patna High Court CR. MISC. No.23826 of 2026(2) dt.06-05-2026
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          alleged that prior to the occurrence, accused persons came on

          brickkiln with intention to kill him, but left the place with

          warning. The accused persons in conspiracy with each other

          killed his brother and took away Rs. 9000/- and mobile worth

          Rs. 12000/-. Accordingly, the FIR.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence. As per

          F.I.R., allegation is of 28.03.2022, post-mortem was done on

          29.03.2022 and it was only a day after that on 30.03.2022 that

          the fardbeyan was recorded which clearly shows that sufficient

          time was taken to implicate the accused persons in present case.

          Allegation of assault is general and omnibus. Similarly situated

          co-accused, namely, Bhuneshwar Singh has already been

          granted regular bail by co-ordinate Bench of this Court vide

          order dated 15.02.2023 passed in Cr. Misc. No. 53334 of 2022.

          Petitioner is in custody since 09.01.2026 and charge-sheet has

          already been submitted.

                       5. However, learned A.P.P. for the State vehemently

          opposed the bail application.

                       6. Considering the nature of accusation, period of

          custody and other facts and circumstances of the case, this bail

          application is allowed. The petitioner, above named, is directed
              Patna High Court CR. MISC. No.23826 of 2026(2) dt.06-05-2026
                                                          3/3




                        to 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 Chief Judicial Magistrate-IV, Jamui in

                        connection with Chandramandih P. S. Case No. 56 of 2022.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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