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Patna High Court

Vimal SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding insufficient evidentiary basis to justify continued detention.

Summary

Vimal Singh applied for regular bail in a murder case under the Bharatiya Nyaya Sanhita and the Arms Act, where the informant alleged that Singh and co‑accused killed her husband. The informant’s statements were inconsistent: an earlier recorded statement described a friendly relationship with Singh, while the FIR‑recorded statement implicated him, though she was not an eyewitness. The prosecution relied on a purported confessional statement by Singh, which Singh denied making, and on the allegation that the fatal bullet came from his firearm. The defence highlighted a forensic report indicating the bullet was not fired from Singh’s licensed weapon and noted Singh’s lack of prior criminal record and prolonged pre‑trial custody. Considering the informant’s non‑eyewitness status, the forensic evidence, and the absence of a reliable confession, the court ordered that Singh be released on bail upon furnishing a bond with sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the murder charges under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the alleged confessional statement and the informant’s testimony constitute sufficient grounds to deny bail.
  • Whether the forensic report showing the bullet did not originate from the petitioner’s firearm affects the bail decision.

Legislation cited

Subjects

  • bail
  • murder
  • forensic report
  • confessional statement
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • evidentiary discrepancy
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90837 of 2025
                        Arising Out of PS. Case No.-200 Year-2025 Thana- PALIGANJ District- Patna
                 ======================================================
                 Vimal Singh Son of Mr Sheo Parsan Singh Resident of Village- Ranipur, P.S.-
                 Paliganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. P.N. Shahi, Sr. Advocate
                                                   Mr. Sadanand Roy, Advocate
                 For the State            :        Mr. Anant Kumar 1, APP
                 For the Informant        :        Dr. Anand Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   24-06-2026                   Heard learned Senior counsel for the petitioner,

                   learned APP for the State and learned counsel for the informant.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Paliganj P.S. Case no.

                   200 of 2025 registered under sections 103(1), 61(2) and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms

                   Act, 1959.

                                 3. As per the prosecution case, the informant states

                   that on 1.5.2025 at 5:00 a.m., two children of her village

                   informed her that her husband had been shot next to the

                   Hanuman Mandir. The informant along with the other members

                   of the family reached the place of occurrence and saw her

                   husband on the road having died as a result of gun shot injury.
Patna High Court CR. MISC. No.90837 of 2025(5) dt.24-06-2026
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          On being taken to AIIMS, Patna, he was declared dead. The

          informant further states that on 30.4.2025, Vimal Singh had

          called him on telephone and said that when he would come from

          Paliganj, he should get fish. Her husband went with fish on the

          vehicle of Vimal Singh. All of them had fish together. The

          informant states that on asking her husband to return with her,

          Vimal Singh and others stopped him and did not let him return.

          The informant returned to her house in Paliganj alone. It is

          further stated that about 10 days ago on the ground of

          measurement of the land of Hardayal Rajwar, there had been an

          altercation at the door of Vimal Singh and he had threatened to

          kill her husband. As such she is convinced that the five named

          accused persons including the petitioner herein have conspired

          and killed her husband by shooting him.

                       4. Learned Senior counsel appearing for the petitioner

          submits that the petitioner has been falsely implicated in the case.

          There is no eyewitness to the occurrence. It is submitted that the

          statement of the informant/fardbeyan was recorded on earlier

          occasion on 1.5.2025 at 12:45 p.m. at AIIMS, Patna, however

          surprisingly, the same is not the fardbeyan and part of the FIR,

          instead the fardbeyan which forms part of the FIR was recorded at

          6:30 p.m. In the statement recorded at 12:45 p.m. on the same date,
Patna High Court CR. MISC. No.90837 of 2025(5) dt.24-06-2026
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          she states about the close friendship between her husband and Vimal

          Singh i.e. the petitioner, their having food/party together and moving

          about on motorcycle. In the fardbeyan which forms part of the FIR,

          the version given by the informant is different, however the

          informant does not claim to be an eyewitness. It is further submitted

          that the prosecution is mainly relying upon the alleged confessional

          statement of the petitioner made before police. It is categorically

          denied that any confessional statement was made by the petitioner

          before the police. Even as per the confession, there was accidental

          fire from the pistol of the petitioner.

                       5. Learned Senior counsel further submits that by order

          dated 16.4.2026, the forensic report of the licensed firearm of the

          petitioner was called for from the concerned Court below. As per the

          report received bearing FSL no.2493/2025, Patna dated 14.1.2026

          from the Forensic Science Laboratory, Bihar, Patna, the firing that

          took place resulting in the death of the informant’s husband is from

          some other firearm and not that of the petitioner. The petitioner has

          no criminal antecedent. It is submitted that accepting the allegations

          levelled including the so called confessional statement made before

          police, no case under section 302 of the Indian Penal Code is made

          out. The petitioner is in custody since 3.5.2025 and chargesheet has

          been submitted in the case.
Patna High Court CR. MISC. No.90837 of 2025(5) dt.24-06-2026
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                       6. The application for bail is by opposed by learned APP

          for the State and learned counsel for the informant. It is submitted by

          learned counsel for the informant that not only the petitioner is

          named in the FIR but in course of investigation it has transpired that

          the death of the informant’s husband took place as a result of gun

          shot injury as a result of firing which took place from the petitioner’s

          firearm. The petitioner confessed to the occurrence before the police.

          If the intention on part of the petitioner was not suspicious and the

          crime committed not intentional he would not have thrown the dead

          body on the road. He being the main assailant, the application for bail

          be rejected.

                       7. Having heard learned counsel for the parties and taking

          into consideration the allegations in the FIR, the informant not being

          an eyewitness to the occurrence, the material that has transpired in

          course of investigation including the contents of the fardbeyan of the

          informant recorded at 12:45 p.m. on 1.5.2025 and the report of the

          FSL, Patna which states that the fatal bullet was not fired from the

          firearm of the petitioner together with the petitioner having remained

          in custody for more than a year since 3.5.2025 and chargesheet

          having been submitted in the case, the Court directs the petitioner to

          be enlarged on bail in connection with Paliganj P.S. Case no. 200 of

          2025 (Sessions Trial no.1909 of 2025) on furnishing bail bond of
           Patna High Court CR. MISC. No.90837 of 2025(5) dt.24-06-2026
                                                       5/5




                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Additional Sessions

                     Judge-III, Danapur, Patna.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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