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Patna High Court

Amarnath Singh @ Munna Singh @ Guddu Singh @ Mahendra Pratap Shwaine @ Mahendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to strict conditions.

Summary

The petitioner, Amarnath Singh, was in custody for murder, conspiracy and unlawful assembly charges under Sections 302, 120(B) and 34 of the IPC arising from a 2023 case. The prosecution alleged that the petitioner was a conspirator in the killing of the informant’s father, while the defense argued that the primary accused were others and that the petitioner had not been proven to have fired the weapon. The petitioner had been in custody since June 2023 and had a prior conviction under Section 395 IPC, Section 25 of the Arms Act and Section 9(B) of the Explosive Substance Act. The trial court had framed charges but examined only one of nine witnesses. Considering the limited trial progress and the petitioner’s undertaking to appear regularly, the High Court granted bail with a Rs.10,000 bond and several conditions, including regular court appearances and non‑interference with witnesses.

Issues considered

  • Whether bail should be granted to a petitioner charged with murder, conspiracy and other serious offences.
  • Whether the petitioner’s prior conviction and alleged role as conspirator preclude bail.
  • Whether the stage of trial (only one witness examined) justifies bail.
  • Whether the petitioner is likely to tamper with evidence or influence witnesses if released.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • IPC
  • Arms Act
  • Explosive Substance Act
  • custody
  • trial progress
  • witness tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.60856 of 2025
                       Arising Out of PS. Case No.-155 Year-2023 Thana- VISHNUPAD District- Gaya
                 ======================================================
                 Amarnath Singh @ Munna Singh @ Guddu Singh @ Mahendra Pratap
                 Shwaine @ Mahendra Singh S/O Jamuna Singh R/O Village- Kendui, P.S-
                 Magadh Medical, Distt.- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Kumar No.II, Advocate
                                          :       Mr. Aryan Singh, Advocate
                 For the State            :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   09-01-2026                          Heard Mr. Manish Kumar No.II, learned counsel

                   for the petitioner and Mr. Jitendra Kumar Singh, learned APP

                   representing the State.

                                  2. The petitioner is in custody in connection with

                   Sessions Trial No. 926 of 2023 arising out of Vishnupad P.S.

                   Case No. 155 of 2023 for the offence punishable under sections

                   302, 120(B) and 34 of the Indian Penal Code, lodged on

                   24.05.2023 by the informant, Kartik Chandra Singh.

                                  3. As per the prosecution story, the informant got

                   information that his father is lying in a pool of blood near

                   Manav Bharti School, was shifted to the Magadh Medical

                   College and Hospital, Gaya where he succumbed to the injuries.

                   The postmortem was conducted and the dead body was taken
Patna High Court CR. MISC. No.60856 of 2025(5) dt.09-01-2026
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          for cremation. This followed the F.I.R.

                       4. Learned counsel for the petitioner submits that

          even going by the F.I.R., allegation is that in the CCTV footage

          one Dhiraj Kumar Singh @ Munchun Singh and another

          unknown person were the opened fire which led to the killing of

          informant’s father. So far as the petitioner is concerned, the

          allegation is that due to family dispute, he always used to

          threaten the informant’s father and as such is a conspirator.

                       5. He further submits that even accepting that he is a

          conspirator in the present case, as also that he has one criminal

          antecedent in which the petitioner got convicted, the allegation

          of opening of fire is not against him, trial has not concluded and

          he has remained in custody since 25.06.2023. If granted bail,

          shall be diligently appearing in the trial without fail and failure

          to do so, the prosecution can take steps for cancellation of the

          bail bond, if relief is granted.

                       6. Learned APP on the other hand opposes the prayer

          submitting that not only he stands convicted in a criminal case

          under section 395 of the I.P.C. and section 25 of the Arms Act

          beside section 9(B) of the Explosive Substance Act, in the

          present case, his role as conspirator which led to the killing of

          the informant’s father cannot be denied.
Patna High Court CR. MISC. No.60856 of 2025(5) dt.09-01-2026
                                            3/4




                       7. A report was called for from the Trial Court which

          is on record vide letter no.873 dated 08.09.2025 according to

          which, the charges have been framed and only one witness out

          of nine charge sheet witnesses have been examined till

          11.08.2025.

                       8. Considering the aforesaid facts as also that main

          allegation is against Dhiraj Kumar Singh @ Munchun Singh and

          an unknown person, the petitioner has remained in custody since

          25.06.2023, an undertaking has been given that he shall be

          diligently appearing in trial and failure to do so that prosecution

          shall be free to take steps for cancellation of his bail bond, in

          that background, this Court is inclined to extend him the

          privilege of bail.

                       9. Let the petitioner be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) with two sureties of

          like amount each to the satisfaction of learned Additional

          Sessions Judge 1st, Gaya, in connection with Sessions Trial No.

          926 of 2023 arising out of Vishnupad P.S. Case No. 155 of 2023

          subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to
            Patna High Court CR. MISC. No.60856 of 2025(5) dt.09-01-2026
                                                        4/4




                      show his/her bona fide;

                                   (ii) the petitioner shall appear on each and every date

                      before the Trial Court and failure to do so for two consecutive

                      dates without plausible reason will entail cancellation of his

                      bail bond by the Trial Court itself;

                                   (iii) the petitioner shall appear before the concerned

                      police station every month till the conclusion of the trial to mark

                      his attendance and at the end of the period a certificate be

                      submitted before the Trial Court;

                                   (iv) the petitioner shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (v) the petitioner shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of his bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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