Patna High Court
Shashi SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Shashi Singh was arrested on 15 February 2025 in connection with a murder case (PS Raghunathpur Case No.40 of 2025) and charged under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the petitioner, along with co‑accused, killed the informant’s brother with a knife, but the petitioner claimed he had a clean antecedent and was falsely implicated, asserting that the FIR contained only vague suspicion and no concrete evidence. The State opposed bail, citing a prior order denying bail to a co‑accused in a similar case. The Court examined the lack of specific allegations against the petitioner and his clean record, and consequently granted bail on a cash bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Additional Chief Judicial Magistrate, Siwan.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023 given the alleged lack of specific evidence and his clean antecedent.
- Whether the denial of bail to a co‑accused in a related case should influence the bail decision for the petitioner.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- clean antecedent
- murder
- suspicion
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85859 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Shashi Singh Son of Sunil Singh Resident of Village - Shubh Hata, P.S. -
Siswan, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Ajay Kumar Pandey, learned counsel for
the petitioner as well as Ms. Anita Kumari, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.02.2025 in connection with Raghunathpur P.S. Case No. 40
of 2025, F.I.R. dated 15.02.2025 for the offences punishable
under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita,
2023.
3. According to prosecution case, the informant
suspects the involvement of the petitioner along with other co-
accused persons in killing his brother by means of knife.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. From bare perusal of the FIR it
Patna High Court CR. MISC. No.85859 of 2025(3) dt.25-03-2026
2/3
appears that the informant has raised suspicion against the
petitioner and other co-accused persons and except the
suspicion, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 15.02.2025.
5. The learned Additional Public Prosecutor for the
State on the basis of materials available on record and case diary
has vehemently opposed the prayer for bail of the petitioner and
submits that the bail application of similarly situated co-
accused, namely, Akash Singh @ Tiger has been rejected by co-
ordinate Bench of this Court vide order dated 07.11.2025 in Cr.
Misc. No.58280 of 2025.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation against him in the FIR, 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 A.C.J.M. 1st Class, Siwan
in connection with Raghunathpur P.S. Case No. 40 of 2025,
subject to the following conditions:-
Patna High Court CR. MISC. No.85859 of 2025(3) dt.25-03-2026
3/3
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
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)
Suruchi/-
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