Patna High Court
Sanjay Singh @ Khesari SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Sanjay Singh, was implicated in a murder case (IPC Sections 302, 120B) and an offence under Section 27 of the Arms Act after his name appeared in the confessional statements of co‑accused. He argued that the FIR originally named unknown persons and that the statements of other co‑accused exonerated him, also noting that several co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the charges. The Court considered the lack of prior criminal record, the fact that the petitioner surrendered late due to ignorance of his involvement, and the precedent of bail being granted to other co‑accused. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to his physical presence in court during the trial.
Issues considered
- Whether bail should be granted to an accused in a murder, criminal conspiracy and arms offence when the name appears only in co‑accused confessional statements.
- Whether the granting of bail to other co‑accused influences the bail decision for the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302
Subjects
- bail
- murder
- criminal conspiracy
- Arms Act
- confessional statement
- co‑accused
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84441 of 2025
Arising Out of PS. Case No.-96 Year-2015 Thana- PAKRIDAYAL District- East Champaran
======================================================
Sanjay Singh @ Khesari Singh Son of Jubba Singh Resident of Village-
Moglaniya, P.S.- Madhuban, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
Mr. Harsh Shaswat, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 302, 120 B of the IPC and
Section 27 of the Arms Act.
3. As per the prosecution case, two unknown
miscreants are alleged to have shot dead the informant’s son.
4. Learned counsel for the petitioner submits that the
First Information report was lodged against two unknown
miscreants who are alleged to have shot at the informant’s son.
The name of the petitioner transpired, subsequently, during the
course of investigation in the confessional statement of co-
accused Bachha Lal Rai. However, in the confessional statement
Patna High Court CR. MISC. No.84441 of 2025(3) dt.20-02-2026
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of another co-accused, Mahesh Kumar, it has been clearly stated
that firing upon the son of the informant was done by one Chote
Lal and the petitioner has nothing to do with the said Chotte Lal
or any other co-accused persons. Further, several other co-
accused persons have been granted bail by different Benches of
this court including co-accused, Mahesh Kumar, upon whose
confessional statement the name of co-accused Chote Lal has
transpired. Annexure-2 series contains all the bail orders of
seven co-accused persons. The reason for late surrender of the
petitioner has been explained as not having knowledge of the
fact that he was also made an accused in the present case.
Further, petitioner is in custody since 06.08.2025 with no
criminal antecedent. Charge sheet has already been submitted
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
other co-accused persons have been granted bail by different
benches of this court, the above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Pakridayal
Patna High Court CR. MISC. No.84441 of 2025(3) dt.20-02-2026
3/3
P.S. Case No. 96 of 2015 , subject to the condition that :
(i) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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