Patna High Court
Gulshan Kumar Singh @ Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted as there is a direct allegation of stabbing corroborated by the post‑mortem report.
Summary
Gulshan Kumar Singh was charged with stabbing the brother of an informant, resulting in death, under several sections of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, claiming innocence, lack of incriminating material in his possession, and a two‑day delay in filing the FIR, while noting his two prior criminal antecedents. The State and the informant’s counsel opposed bail, emphasizing the direct allegation of a knife blow and the post‑mortem report confirming fatal stab injuries. The court examined the seriousness of the offences, the corroborative post‑mortem evidence, and the petitioner’s criminal history, and concluded that bail could not be granted. Consequently, the bail petition was rejected and the trial court was directed to expedite the trial without undue adjournments.
Issues considered
- Whether the petitioner is entitled to bail despite a direct allegation of stabbing corroborated by post‑mortem evidence
- Whether the delay in lodging the FIR and absence of incriminating material in the petitioner’s possession justify granting bail
- Whether the nature of the offences under the Bharatiya Nyaya Sanhita, 2023 warrants denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 118(1), 126(2), 191(2), 191(3), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- homicide
- stabbing
- post‑mortem
- Bharatiya Nyaya Sanhita
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77244 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- GARKHA District- Saran
======================================================
Gulshan Kumar Singh @ Gulshan Kumar Son of Shri Raju Singh R/o
Village- Maiki, P.S.- Garkha, District- Saran (Chapra)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Ajit Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the informant. Perused
the case diary.
2. The petitioner seeks bail in connection with Garkha
P.S. Case No. 28 of 2025, instituted for the offences punishable
under Sections 191(2), 191(3), 126(2), 118(1), 103(1), 352,
351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner
along with other co-accused persons stabbed brother of the
Patna High Court CR. MISC. No.77244 of 2025(3) dt.06-02-2026
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informant, leading to his death.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. There is delay of two days in
lodging the FIR. It is further submitted that specific allegation
of stabbing is allegedly against the petitioner. The petitioner is
in custody since 24.06.2025 and has got two criminal
antecedents. Other co-accused has been granted bail by this
Court vide order dated 30.07.2025, passed in Cr. Misc. No.
26390 of 2025.
5. Learned APP for the State and learned counsel for the
informant have vehemently opposed the prayer for grant of bail
to the petitioner. It is submitted that there is direct allegation of
stabbing against the petitioner and as per postmortem report,
cause of death is hemorrhage and shock due to stab injury in
chest caused by sharp object.
6. Considering the aforesaid facts and circumstances of
the case and taking into account the fact that there is direct
allegation against the petitioner of giving knife blow to the
informant, which is corroborated by the postmortem report, this
Patna High Court CR. MISC. No.77244 of 2025(3) dt.06-02-2026
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Court is not inclined to grant bail to the petitioner. Prayer for
grant of bail is hereby rejected.
7. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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