Patna High Court
Ashu Singh @ Krishna singhversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.