Patna High Court
Upendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the lack of direct incriminating material against the petitioners warranted their release on bail.
Summary
The High Court considered three bail applications filed by Sunil Singh, Munna Singh and Upendra Singh, who were implicated in a murder case (Basudeva PS Case No. 39/2025) under Section 103(1) of the BNS and Section 27 of the Arms Act. The petitioners were not named in the FIR; their alleged involvement stemmed solely from a confessional statement of co‑accused Bhola Singh, and no physical evidence linked them to the crime. The prosecution argued that the investigation was complete and a charge‑sheet had been filed, while the defence highlighted the lack of incriminating material and the petitioners' clean or minimal antecedents. The Court held that, in the absence of substantive material and given the completed investigation, continued detention was unwarranted. Accordingly, bail was granted to each petitioner on a bond of Rs.10,000 with two sureties and subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.
Issues considered
- Whether bail can be granted when the accused are not named in the FIR and are implicated only through a co‑accused's confessional statement.
- Whether the completion of investigation and filing of a charge‑sheet precludes the risk of evidence tampering, justifying bail.
- Applicability of Section 437(3) Cr.P.C. and Section 480(3) BNSS in granting bail in a murder case.
Legislation cited
Subjects
- bail
- murder
- confessional statement
- co‑accused
- investigation completed
- Section 103
- Arms Act
- CrPC
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85916 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- Vasudeva District- Buxar
======================================================
Sunil Singh @ Sunil Yadav S/o Shribhagwan Yadav @ Shri Nath Yadav @
Srinath Singh @ Sribhagwan Singh Resident of Village- Sudhar Dera, P.S.-
Koran Sarai, District- Buxar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
With
CRIMINAL MISCELLANEOUS No. 86411 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- Vasudeva District- Buxar
======================================================
Munna Singh @ Shashidhar Singh Son of Late Lal Bahadur Singh R/o
Village - Amirpur, P.S - Nawanagar, Dist. - Buxar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
With
CRIMINAL MISCELLANEOUS No. 87076 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- Vasudeva District- Buxar
======================================================
Upendra Singh S/o Ram Praves Singh R/o Village - Amirpur, P.S -
Nawanagar, District - Buxar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85916 of 2025)
For the Petitioner/s : Mr.Ravi Shankar Pathak, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No.1, APP
(In CRIMINAL MISCELLANEOUS No. 86411 of 2025)
For the Petitioner/s : Mr.Ravi Shankar Pathak, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No.1, APP
(In CRIMINAL MISCELLANEOUS No. 87076 of 2025)
For the Petitioner/s : Mr.Ravi Shankar Pathak, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
Patna High Court CR. MISC. No.85916 of 2025(2) dt.09-02-2026
2/5
2 09-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State in
all these three bail petitions.
2. The accused/petitioners seek bail in connection
with Basudeva P.S. Case No. 39/2025, registered for the
offence punishable under Sections 103(1) of BNS and Section
27 of the Arms Act.
3. The accused/petitioners are not named in the F.I.R.
and are in custody since 12.10.2025.
4. As per FIR, some unknown miscreants committed
murder of husband of the informant on intervening night of
24.05.2025 at about 8:30 PM, while she was sleeping at boring
well house.
5. Learned counsel appearing on behalf of the
petitioners submitted that the name of these petitioners
transpired on the basis of confessional statement of co-accused
Bhola Singh during course of investigation, in furtherance of
which, no incriminating material recovered surfaced as to
connect petitioners prima facie with present occurrence of
murder. It is submitted that during investigation, some enmity
appears disclosed by some of the witnesses stating that the
Patna High Court CR. MISC. No.85916 of 2025(2) dt.09-02-2026
3/5
carrier goods vehicle of the petitioners was not engaged by
deceased while working with one multinational company but
during investigation, it transpires that the petitioners were not
working with any multinational company and same found false
also.
6. It is pointed out that said co-accused Bhola Singh
@ Sheo Shankar Singh was granted privilege of regular bail by
this Hon’ble Court vide order dated 15.11.2025 passed in Cr.
Misc. No. 52909 of 2025.
7. While concluding argument, it is submitted that
investigation of this case is already completed, for which
charge-sheet has been submitted, as such, there is no chance of
tampering with the evidence.
8. Explaining criminal antecedents of the petitioners,
it is submitted by learned counsel that petitioner (in Cr. Misc.
No. 85916/2025), has no criminal antecedent; petitioner (in Cr.
Misc. No. 86411/2025) found involved in one more case, in
which he is on bail; and petitioner (in Cr. Misc. No.
87076/2025) claimed clean antecedent.
9. Learned APP duly assisted by learned counsel Ms.
Roona, appearing on behalf of the informant while opposing the
Patna High Court CR. MISC. No.85916 of 2025(2) dt.09-02-2026
4/5
prayer of bail could not disputed the aforesaid factual
submission.
10. Considering the aforesaid factual submissions and
by taking note of fact as save and except suspicion nothing
transpires against these petitioners during investigation as to
connect them with the present crime in question, coupled with
the fact that investigation of this case is already completed,
where petitioners, in these three bail petitions, remain in
custody since 12.10.2025, accordingly, all above-named
petitioners, are directed to be released on bail in connection with
Basudeva P.S. Case No. 39 of 2025, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned A.C.J.M.-
IIIrd, Buxar/concerned Court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C./Section 480(3)
of BNSS, and further condition:
(i) That petitioners shall not indulge in the
similar nature of offence till the conclusion of
trial, failing which, the State shall be at liberty to
move before the Trial Court itself for the
cancellation of bail bond of the petitioners.
Patna High Court CR. MISC. No.85916 of 2025(2) dt.09-02-2026
5/5
(ii) Accused/Petitioners shall cooperate in the
trial and shall be physically present on each and
every date before the Trial Court till conclusion of
the trial and exemption from physical appearance
be allowed by the Trial Court, only on medical
ground of the petitioner duly supported by the
documents.
11. Accordingly, all these three applications stand
allowed.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…