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Patna High Court

Ashu Singh @ Krishna singhversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail subject to a bond of Rs. 10,000, two sureties, and conditions of cooperation and presence at trial.

Summary

Ashu Singh (also known as Krishna Singh) was arrested in connection with a murder case (Guthni PS Case No. 322 of 2024) alleged under Sections 103 and 3(5) of the B.N.S and Section 27 of the Arms Act. The prosecution alleged that the son of an informant was shot by unknown miscreants, with a sister’s statement implicating a co‑accused, Vishwakarma, as the shooter. Both the petitioner and Vishwakarma had earlier given confessional statements, but the primary accusation centred on Vishwakarma, and the post‑mortem showed a single gunshot wound. The petitioner, who has six prior criminal convictions and has been in judicial custody since 18‑02‑2025, applied for bail. After hearing both sides, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to the petitioner’s cooperation and physical presence at trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal record
  • Whether the evidence primarily implicates the co‑accused rather than the petitioner

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • B.N.S
  • confessional statement
  • prior criminal record
  • trial cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32970 of 2026
                       Arising Out of PS. Case No.-322 Year-2024 Thana- GUTHANI District- Siwan
                 ======================================================
                 Ashu Singh @ Krishna singh S/o Jitendra Singh Resident of Vill. - Chitanpur,
                 P.S. -Asawn, Dist. - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumari Anupam
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   14-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Guthni P.S. Case No. 322 of 2024 registered for the offence

                   punishable under Sections 103, 3(5) of B.N.S & 27 of Arms Act.

                                3. The case of the prosecution, in short, is that son of

                   the informant was returning on his bike with his sister and

                   mother. In the way to home, he was killed by unknown

                   miscreants. During the course of investigation, the sister of the

                   deceased has given her statement wherein she has stated that

                   unknown miscreants have killed her brother and she has stated

                   that one of the miscreants was saying that Vishwakarma has

                   shot at the deceased.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.32970 of 2026(2) dt.14-05-2026
                                            2/3




          petitioner has submitted that during the course of investigation,

          Vishwakarma and this petitioner both have given their

          confessional statement and from their confessional statement

          also, it has come that co-accused, Vishwakarma, has fired at the

          deceased. Learned counsel appearing on behalf of the petitioner

          has further submitted that the allegation against the petitioner is

          that he was the member of the miscreants, who have killed the

          deceased but the main thrust of the allegation is against the co-

          accused, Vishwakarma and from perusal of Post-Mortem report

          also, it is clear that the deceased has only received one gun shot

          injury. It has further been submitted that the petitioner is having

          six criminal antecedent and he is in judicial custody since

          18.02.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the court of learned

          J.M. Siwan, in connection with Guthni P.S. Case No. 322 of
            Patna High Court CR. MISC. No.32970 of 2026(2) dt.14-05-2026
                                                        3/3




                      2024, subject to the condition that the petitioner shall cooperate

                      in trial and shall also remain physically present in the trial

                      Court.


                                                                (Ashok Kumar Pandey, J)

sanjeev/-

U       T


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