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Patna High Court

Ram Kishore SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail because of his clean antecedent, physical disability, and the absence of a specific allegation of assault against him.

Summary

Ram Kishore Singh, a 40% physically disabled man, was arrested on 1 August 2025 in connection with a murder case (PS Bhagwanpur Hat Case No. 313 of 2025) alleging offences under several sections of the BNS, 2023. The prosecution alleged that Singh, along with other accused, assaulted the informant's brothers, resulting in three deaths. The petitioner contended that he has a clean antecedent, was falsely implicated, and that the FIR was filed two days after the incident without explanation, with the post‑mortem already completed. He further argued that the FIR does not specifically allege his participation in the assault on the deceased Munna Singh and that his disability precludes his involvement. The court, noting the lack of specific allegation against the petitioner, his disability, and clean record, granted bail on a Rs.10,000 bond with conditions for cooperation and non‑tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
  • Whether the petitioner’s disability and lack of specific allegation against him justify bail.
  • Whether the delay in filing the FIR and the circumstances of the post‑mortem affect the bail decision.

Legislation cited

  • BNS, 2023 — s. 103, 109, 118(2), 126(2), 127(2), 15(2), 190, 191, 192, 3(5), 61(2)

Subjects

  • bail
  • criminal procedure
  • disability
  • false implication
  • BNS 2023
  • clean antecedent
  • FIR delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82590 of 2025
                  Arising Out of PS. Case No.-313 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Ram Kishore Singh S/o Late Bhageshwar Singh R/o Village- Kauria, Tole
                 Fate Ray, P.S.- Bhagwanpur Hat, District- Siwan
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Ajay Kumar Thakur, Advocate
                                                 Mr. Kumar Shaswat Anand, Advocate
                 For the Opposite Party/s :      Mr. Anil Prasad Singh, APP
                 For the Informant         :     Mr. Bindhyachal Singh, Sr. Advocate
                                                 Mr. Aakash Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   28-01-2026                       Heard Mr. Ajay Kumar Thakur, learned counsel for

                   the petitioner, Mr. Bindhyachal Singh, learned senior counsel

                   for the informant and Mr. Anil Prasad Singh, learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   01.08.2025 in connection with Bhagwanpur Hat P.S. Case No.

                   313 of 2025, F.I.R. dated 06.07.2025 for the offences

                   punishable under Sections 190, 191, 192, 126(2), 127(2),

                   15(2), 118(2), 109, 103, 61(2) and 3(5) of the BNS, 2023.

                                3.      According to prosecution case, this petitioner
Patna High Court CR. MISC. No.82590 of 2025(3) dt.28-01-2026
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          along with other accused persons armed with deadly weapons

          have brutally assaulted the informant's brothers due to which

          three persons died.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioner has not

          committed any offence as alleged in the F.I.R. He further

          submits that it appears from                 the F.I.R that the date of

          occurrence is 04.07.2025 but the present F.I.R has been

          instituted on 06.07.2025 i.e., after delay of 2 days without

          giving any explanation of the said delay. Apart from that,

          before lodging of the F.I.R, postmortem has been conducted on

          04.07.2025 itself and the informant after knowing the

          postmortem report has lodged the present F.I.R against the

          petitioner and other accused persons afterthought only to

          falsely implicate them. He further submits that the statement of

          the injured person, namely, Vickey Kumar Singh has been

          recorded in paragraph no. 5 of the case diary in which he has

          categorically stated that the co-accused, Satrughan Singh has

          assaulted to one Munna Singh by means of farsa continuously

          due to which Munna Singh fell down. Thereafter, co-accused
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          Kedar Singh, Ram Kishore Singh (petitioner), Deepak Kumar,

          Kishan Kumar and Suraj Kumar also assaulted him and he

          died. He further submits that the person who was present at the

          place of occurrence has categorically stated that initially co-

          accused, Satrughan Singh has assaulted to the deceased Munna

          Singh and thereafter, the petitioner and other accused persons

          have assaulted him which suggest that there is no specific

          allegation against the petitioner. Apart from the aforesaid, the

          informant has also stated the same version in the F.I.R. He

          further submits that the petitioner is 40% physically

          handicapped with locomotory disability which suggest that he

          has not participated in the present crime in question. He further

          submits that the cause of death as indicated in the postmortem

          report is "shock and hemorrhage due to above mentioned

          injury caused by sharp cutting edged weapon" and the same

          was not caused by the petitioner. It also appears from the F.I.R

          that the allegation of assault against the other deceased

          persons, namely, Kanhaiya Singh and Rohit Kumar is

          attributed against the other accused persons and not against

          this petitioner. He further submits that the co-accused, namely,

          Abhimanyu Singh @ Abhimanyu Kumar Singh has been

          granted bail by a Co-ordinate Bench of this Court vide order
Patna High Court CR. MISC. No.82590 of 2025(3) dt.28-01-2026
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          dated 18.11.2025 passed in Cr. Misc. No. 73121 of 2025 and

          another co-accused, namely, Raju Prasad has also been granted

          bail by a Co-ordinate Bench of this Court vide order dated

          18.11.2025 passed in Cr. Misc. No. 75193 of 2025. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioner. The petitioner is in custody since

          01.08.2025.

                      5. Learned counsel for the informant as well as

          learned Additional Public Prosecutor have vehemently

          opposed the prayer for bail of the petitioner and submits that it

          appears from the F.I.R that the co-accused person have brutally

          assaulted and killed altogether 3 persons and with the common

          intention they have committed crime in question. Apart from

          the aforesaid, the bail application of the co-accused, namely,

          Kalyan Kumar @ Kalyan Rawat has been rejected by a Co-

          ordinate Bench of this Court vide order dated 27.01.2026

          passed in Cr. Misc. No. 82718 of 2025 and bail application of

          another co-accused, namely, Pawan Kumar @ Pawan Kumar

          Prasad has also been rejected by a Co-ordinate Bench of this

          Court vide order dated 02.12.2025 passed in Cr. Misc. No.

          82975 of 2025.

                       6. Considering the aforesaid facts and circumstances
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          that the petitioner has clean antecedent, he is 40% disable

          person, there is no specific allegation of assault to the deceased

          Munna Singh against the petitioner, initially co-accused

          Satrughan Singh assaulted Munna Singh and thereafter the

          petitioner and other accused persons have also assaulted him

          and only one injury was found over the face of the deceased,

          Munna Singh, let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned CJM, Siwan in connection with Bhagwanpur Hat

          P.S. Case No. 313 of 2025, subject to the following

          conditions:-

                       i. 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.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall
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                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, 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.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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