Patna High Court
Krishana Singh @ Krishana KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail.
Summary
Krishana Singh was arrested in connection with a murder case (Gaighat P.S. Case No. 89 of 2024) involving offences under Sections 341, 323, 324, 307, 302, 201, 506 and 34 of the IPC. He has been in custody since 4 July 2025 and contended that he was not involved, pointing out that the injured eye‑witness, Chandan Sahni, did not name him in his statement and that the informant was not an eye‑witness. The petitioner argued that the thrust of the allegation lies against co‑accused Chhotu Sharma and Rakesh Rai and that the investigation is complete with a charge‑sheet already filed. The Additional Sessions Judge opposed bail. The High Court, after considering the lack of direct testimony against the petitioner and the completed investigation, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences charged.
- Whether the absence of the petitioner's name in the eye‑witness statement and the completion of investigation justify granting bail.
Legislation cited
- BNSS — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- murder
- IPC
- Criminal Procedure Code
- witness testimony
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89567 of 2025
Arising Out of PS. Case No.-89 Year-2024 Thana- GAIGHAT District- Muzaffarpur
======================================================
Krishana Singh @ Krishana Kumar S/o Upendra Prasad Singh @ Upendra
Singh R/o Village - Patsharma, Hasna Gaddi, P.S - Gaighat, District -
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hari Kishore Thakur
For the Opposite Party/s : Mr.Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Gaighat P.S. Case No. 89 of 2024 registered for the
offence under Sections 341, 323, 324, 307, 302, 201,
506 and 34 of the I.P.C.
3. The petitioner is named in the F.I.R. and is in
custody since 04.07.2025.
4. The allegation against the petitioner is to
commit murder of the son of the informant along with
other co-accused persons, where occurrence alleged to be
taken place due to previous enmities.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.89567 of 2025(2) dt.11-02-2026
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petitioner submitted that petitioner was not involved in
the occurrence and this fact can be gathered from the
statement of injured witness namely Chandan Sahni as he
while recording his statement during the course of
investigation, failed to name this petitioner. It is
submitted that thrust of allegation is available against
Chhotu Sharma and Rakesh Rai. It is pointed out that
informant is not the eye-witness of the actual occurrence
of murder. While concluding the argument, it is submitted
that petitioner is a man of clean antecedent and
moreover, investigation of this case is completed, for
which charge-sheet has been submitted, as such, there is
no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by
taking note of fact as informant is not the actual eye-
witness of the murder, whereas injured eye-witness
Chandan Sahni failed to name this petitioner while
recording his statement during occurrence as submitted
Patna High Court CR. MISC. No.89567 of 2025(2) dt.11-02-2026
3/3
aforesaid, where thrust of allegation is available against
co-accused Chhotu Sharma and Rakesh Rai, coupled with
fact as investigation of this case already completed where
petitioner remains in custody since 04.07.2025,
accordingly petitioner above named, is directed to be
released on bail in connection with Gaighat P.S. Case No.
89 of 2024 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional
Sessions Judge-10th, Muzaffarpur/concerned court,
subject to the conditions as mentioned under Section
437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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