Patna High Court
Navin SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Navin Singh was arrested in April 2024 in connection with a case involving assault with a lathi that allegedly caused the death of the victim's husband, leading to charges under several sections of the Indian Penal Code, including murder (Section 302). The petitioner sought bail, arguing he has a clean antecedent, was falsely implicated, and that the incident stemmed from a land dispute between agnate parties, with no intention to kill. The State opposed bail, emphasizing the direct allegation of assault leading to death. The High Court considered the circumstances, the petitioner's claim of no prior criminal record, and the need for his cooperation in the trial. The Court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions regarding attendance, non‑tampering with evidence or witnesses, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in a case involving murder and other offences under the IPC.
- Whether the petitioner’s clean antecedent and alleged false implication justify bail despite the seriousness of the charges.
Legislation cited
- Indian Penal Code — s. 302, 307, 323, 341, 354(A), 504, 506/34
Subjects
- bail
- murder
- assault
- Indian Penal Code
- criminal procedure
- land dispute
- false implication
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76336 of 2025
Arising Out of PS. Case No.-150 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
Navin Singh Son of Bhupendra Singh @ Bhupi Singh R/o Village - Punhat,
P.S.- Ghanshyampur, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
For the State : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 30-01-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner and Mr. Syed Ehteshamuddin, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
26.04.2024, in connection with Sessions Trial No. 315 of 2025
arising out of Ghanshyampur P.S. Case No. 150 of 2023, F.I.R.
dated 19.06.2023 registered for the offences punishable under
Sections 341, 323, 354(A), 307, 504 and 506/34 of the Indian
Penal Code and later on Section 302 of the Indian Penal Code
was added.
3. Allegation against the petitioner is that he has
assaulted the husband of the informant with lathi on his head
due to which his head got fractured and blood started oozing out
and during treatment he died.
Patna High Court CR. MISC. No.76336 of 2025(4) dt.30-01-2026
2/4
4. Earlier the bail petition of the petitioner was
rejected vide order dated 27.09.2024 passed in Cr. Misc. No.
65312 of 2024.
5. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that from
perusal of the F.I.R. it appears that the date of occurrence as
alleged in the F.I.R. is 17.06.2023 and the written report has
been submitted on 19.06.2023 but the present F.I.R. was
instituted on 20.06.2023. Learned counsel for the petitioner
further submits that it appears from the F.I.R. itself that both the
parties are agnates to each other and due to admitted land
dispute the present occurrence had taken place. Learned
counsel for the petitioner further submits that the occurrence
had taken place on 17.06.2023 but the victim died on
24.06.2023 and there was no intention to kill the deceased and
at the spur of moment the occurrence had taken place and now
the charge has been framed against the petitioner on 06.01.2026
and petitioner is in custody since 26.04.2024.
6. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that there is direct and specific allegation
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against the petitioner that he has assaulted the deceased by
means of lathi and during treatment he has died.
7. Considering the facts and circumstances of the
case, let the petitioner, above named, be released 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
learned Sessions Judge, Darbhanga in connection with Sessions
Trial No. 315 of 2025 arising out of Ghanshyampur P.S. Case
No. 150 of 2023, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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