Patna High Court
Kundan Singh @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted bail to the petitioner with specified conditions, holding that the framing of charges and the precedent of a similar case justified the relief.
Summary
The petitioner, Kundan Singh, was arrested in connection with a murder case (Sections 302, 201 and 34 IPC) after an informant reported finding a dead body. He had been in custody since June 2024 and earlier bail applications were rejected. The petitioner argued that he had already suffered detention and would cooperate with the trial, citing a recent bail grant to a similarly situated accused, Niraj Jha, by a coordinate bench. The court noted that the charge sheet had now been framed, making the earlier precedent applicable, and therefore was inclined to grant bail with strict conditions. Accordingly, the court ordered his release on a bail bond of Rs.10,000 with two sureties and imposed conditions regarding attendance, non‑tampering with evidence and abstaining from further offences.
Issues considered
- Whether bail can be granted to an accused charged with murder, attempt to murder and abetment under Sections 302, 201 and 34 IPC after charge framing.
- Whether the precedent of bail granted to Niraj Jha is applicable to the present case.
- What conditions, if any, should be imposed on bail for a serious offence.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- Indian Penal Code
- charge framing
- precedent
- conditions of bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86915 of 2025
Arising Out of PS. Case No.-148 Year-2024 Thana- BAJPATTI District- Sitamarhi
======================================================
Kundan Singh @ Kundan Kumar S/o Aravind Singh @ Pappu Singh @
Arvind Kumar Resident of Village- Rasalpur, P.S. - Dumra, District-
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
for the Informant : Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 11-03-2026 Heard the parties.
2. The petitioner is in custody in connection with
Bajpatti P.S. Case No. 148 of 2024 for the offence punishable
under Sections 302, 201 and 34 of the Indian Penal Code
lodged on 26.05.2024 by the informant, Amresh Kumar.
3. As per the prosecution story, the informant alleged
that he receives information about the presence of a dead body
lying near a dried pond, reached there and found the dead body
of young person with multiple injuries which led to the FIR.
4. Learned counsel for the petitioner submits that he
has already suffered by being in custody since 29.06.2024 and
if granted relief, he shall be diligently appearing in trial. The
further submission is that charges have been framed and
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similar situate Niraj Jha has been extended relief in Cr. Misc.
No. 76360 of 2025 (Niraj Jha vs The State of Bihar) on
25.02.2026 by a Coordinate Bench.
5. Let the same be kept on record.
6. Learned APP as also learned counsel for the
informant opposes the prayer submitting that the petitioner was
last seen with the deceased and also has criminal antecedent.
7. Earlier, the bail application of the petitioner was
rejected on 13.08.2025 and one of the reasons was that the bail
application of Niraj Jha was also rejected by a Coordinate
Bench in Cr. Misc. No. 85465 of 2024 observing that he may
renew the prayer after framing of charge.
8. Now, since the charge has been framed, Niraj Jha
has been extended bail by the Coordinate Bench, as recorded
above, and an undertaking has been given that he shall be
diligently appearing in trial, this Court is inclined to extend
him the privilege of bail with conditions.
9. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned 1 st Additional
Sessions Judge cum Special Judge SC/ST (POA) Act,
Sitamarhi in connection with Bajpatti P.S. Case No. 148 of
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2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month till the conclusion of the trial to
mark his attendance and after the end of the period, the
certificate shall be submitted before the Trial Court failing
which steps shall be taken for the cancellation of the bail
bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
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criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
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