Patna High Court
Ram Kishore SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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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