Patna High Court
Jeewan Prasad Singh @ Jivan Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted despite the petitioner not being named in the FIR, subject to strict conditions, as the confession alone does not warrant continued detention.
Summary
The petitioner, Jeewan Prasad Singh, was arrested on 28 July 2025 in connection with a firing incident under Sections 103(1) and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. He was not named in the FIR; his involvement was inferred from the confessional statement of co‑accused Gunja Singh and later by his own confession. The State opposed bail, arguing the seriousness of the offences and the petitioner’s alleged involvement. The Court noted that the identification of the petitioner was based solely on a confession and that no other substantive material linked him to the crime. Accordingly, the Court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR but identified through a co‑accused’s confessional statement and his own confession.
- Whether the nature of the offences under the B.N.S., 2023 and the Arms Act justifies denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of bail.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- confessional statement
- Arms Act
- criminal procedure
- identification of accused
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79088 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Jeewan Prasad Singh @ Jivan Prasad Singh S/o Late Rajeshwari Singh
Resident of Near Surya Mandir, Chairman Road, Hamidganj, Ward No. 5,
P.S.- Medininagar Town, District- Palumu (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur, Advocate
Mr. Shivam, Advocate
For the Informant : Mr. Ansul, Sr. Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Ajay Thakur, learned counsel for the
petitioner, Mr. Ansul, learned Sr. counsel for the Informant and
learned Mr. Umeshanand Pandit, APP for the State.
2. Petitioner seeks bail, who is in custody since
28.07.2025, in connection with Navinagar P.S. Case No. 205 of
2025, F.I.R. dated 25.06.2025 registered for the offences
punishable under Sections 103(1) and 3(5) of B.N.S., 2023 as
well as Section 27 of the Arms Act.
3. The F.I.R. of the occurrence of firing to the brother
of the informant is against unknown.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the F.I.R. and the name of the
Patna High Court CR. MISC. No.79088 of 2025(3) dt.22-01-2026
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petitioner has been transpired during investigation on the basis
of confessional statement of co-accused person, namely, Gunja
Singh and thereafter the petitioner has confessed his guilt in the
present case and except the aforesaid, no other cogent material
has come during investigation to suggest the involvement of the
petitioner in the present occurrence. He further submits that the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 28.07.2025.
5. Learned senior counsel for the Informant as well as
learned Additional Public Prosecutor for the State, on the other
hand, vehemently opposed the prayer for bail of the petitioner
and submits that it has come during investigation that the
petitioner has fired upon the victim at the instance of co-accused
Gunja Singh and apart from that the petitioner carries one more
case other than the present one.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R. and the
name of the petitioner has been transpired on the basis of
confessional statement and thereafter the petitioner has
confessed his guilt in the present occurrence, 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
Patna High Court CR. MISC. No.79088 of 2025(3) dt.22-01-2026
3/3
amount each to the satisfaction of learned A.C.J.M.-I,
Aurangabad in connection with Navinagar P.S. Case No. 205 of
2025, 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
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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