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Patna High Court

Bambam SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court upheld its earlier order and denied bail to the petitioner.

Summary

Bambam Singh was arrested in connection with a murder case (Section 302 IPC) involving alleged conspiracy (Section 120B IPC) and common intention (Section 34 IPC), as well as illegal possession of arms (Section 27 Arms Act). He applied for regular bail, but the trial had already commenced and the co‑accused’s self‑inculpatory statement implicated him. The petitioner argued that charges had been framed, seeking relief. The court noted the gravity of the offences, the existence of incriminating statements, and the fact that the trial was underway, and therefore declined to revisit its earlier order rejecting bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the petitioner in a murder, conspiracy and arms case after the trial has commenced and incriminating statements exist.

Legislation cited

Subjects

  • bail
  • murder
  • criminal conspiracy
  • arms act
  • IPC
  • high court
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88324 of 2025
                 Arising Out of PS. Case No.-208 Year-2023 Thana- KHODAWANDPUR District- Begusarai
                 ======================================================
                 Bambam Singh S/o Ramesh Singh @ Natho Singh Resident of Village -
                 Kanaushi, Ward No. 02, Police Station - Gadhpura, District - Begusarai

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sarvottam Kumar, Adv
                 For the Opposite Party/s :      Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   11-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Khodawandpur

                   P.S.Case No. 208 of 2023 registered for the offence punishable

                   under Section 302, 120B, 34 of the Indian Penal Code and

                   section 27 of the Arms Act.

                                3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 15.05.2025 passed in Cr. Misc.

                   No. 30853 of 2025, which reads as under:-

                                              “         Heard the learned counsel for the
                                              petitioner and
                                              learned APP for the State.
                                              2. The petitioner, who is in custody since
                                              05.02.2025, seeks regular bail in
                                              connection with Khodawandpur P.S. Case
            Patna High Court CR. MISC. No.88324 of 2025(2) dt.11-02-2026
                                                        2/2




                                                 No. 208 of 2023 registered for the offence
                                                 under Sections 302,120(B), 34 of the
                                                 Indian Penal Code and Section 27 of the
                                                 Arms Act.
                                                 3. The deceased has been killed by the
                                                 accused persons including this petitioner
                                                 after planning as one of the co-
                                                 accused owed money to the deceased. The
                                                 name of the petitioner has come in the self
                                                 inculpatory statement of co-accused
                                                 Manish Kumar Singh.
                                                 4. Considering the facts and circumstances
                                                 of the case as well as the allegations
                                                 levelled against the petitioner, I am not
                                                 nclined to grant bail to the petitioner.
                                                 Accordingly, this application for regular
                                                 bail is hereby rejected.”

                                        4. Learned counsel for the petitioner submits that

                      the charge has been framed.

                                        5. Considering the gravity of the offence and the

                      fact that the trial has started, I am not inclined to review my

                      earlier order.

                                    6. Accordingly, the application stands dismissed.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


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