Patna High Court
Girdhari Singh @ Rajiv RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Considering the long delay, lack of prior coercive steps, and that similarly situated co‑accused were granted bail, the court enlarged bail to the petitioner subject to bond and sureties.
Summary
Girdhari Singh, accused of murder under Sections 302 and 34 of the IPC and Section 27 of the Arms Act, applied for bail after being arrested in 2025, fourteen years after the FIR was lodged against an unknown person. He claimed he was unaware of his implication until the police issued an arrest warrant, and that other co‑accused had already been granted bail. The State opposed bail, citing nine antecedent cases, though the petitioner was on bail in all of them. The court noted the extraordinary delay, the petitioner’s lack of prior coercive action, and the bail granted to similarly situated co‑accused, and therefore ordered bail on a bond of Rs.10,000 with two sureties, subject to strict compliance with trial dates. The court also directed the trial court to expedite framing of charges and warned that bail could be cancelled for non‑appearance.
Issues considered
- Whether bail should be granted to an accused in a murder case after a fourteen‑year delay in arrest
- Whether the petitioner’s antecedent criminal record justifies denial of bail
- Whether the bail granted to co‑accused mandates similar relief for the petitioner
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- long pendency
- antecedents
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75308 of 2025
Arising Out of PS. Case No.-323 Year-2011 Thana- SHASTRINAGAR District- Patna
======================================================
Girdhari Singh @ Rajiv Ranjan Son of Late Ghanshyam Singh R/o Village-
Sankarwar Tola, Mokama, and P.S.- Mokama, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar
For the Opposite Party/s : Mr. Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 16-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 302, 34 of the Indian Penal
Code and Section 27 of the Arms Act.
3. Petitioner along with other accused persons are said
to have fired on the deceased.
4. Learned counsel for the petitioner submits that the
first information report had been lodged against unknown and
the name of the petitioner transpired during the course of
investigation. However, the petitioner had no knowledge
whatsoever of his name having surfaced in the course of the
present case, as such, he could not approach this Court earlier
and it is also a fact that no coercive steps were even taken
against him for 14 long years and it was only on 11 th July, 2024
Patna High Court CR. MISC. No.75308 of 2025(4) dt.16-02-2026
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that the police had taken steps for issuance of warrant of arrest
and subsequently the petitioner was arrested on 14.06.2025.
Learned counsel has further submitted that the other similarly
situated co-accused persons have already been granted bail vide
Annexures-P/3 to P/6. The petitioner is in custody since
14.06.2025 and undertakes to cooperate in the trial.
5. Learned APP for the State has opposed the
application for bail on the ground that the petitioner has several
antecedents. In response, it has been submitted that the
petitioner has been acquitted in number of cases and as of now
there are nine antecedents against him but he is on bail in all the
cases.
6. Taking into consideration the facts and
circumstances and also considering the fact that all other
similarly situated co-accused persons had already been granted
bail and it is only on account of ignorance of the petitioner of
his complicity in the present case he could not surrender earlier,
let the above named petitioner, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Shastri Nagar P.S. Case No. 323 of 2011.
Patna High Court CR. MISC. No.75308 of 2025(4) dt.16-02-2026
3/3
7. However, the learned court concerned is
directed that considering the matter that this is a very old case,
on the very first opportunity the trial court should make all
endevours to get the charges framed in the case and the
petitioner is directed to appear on each and every date fixed in
the case and if the petitioner does not appear on the date fixed
for framing of charge and other dates, the learned court below
would be at liberty to cancel his bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
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