Patna High Court
Sameer SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to stipulated conditions.
Summary
The petitioner, Sameer Singh, was arrested in connection with a murder case (S.T. No. 439 of 2025) involving the killing of an informant's father and charged under Sections 302, 120(B) and 34 of the Indian Penal Code. The prosecution alleged that the petitioner was one of the co‑accused, while the defence argued that the only basis for his implication was the informant's suspicion and that eyewitness testimony identified other individuals. The defence also highlighted an error in the lower court’s finding regarding the identification of the petitioner and noted that a co‑accused had previously been granted bail. The court considered the petitioner’s prior criminal antecedent under the Excise Act but found it insufficient to deny bail. Accordingly, the High Court granted bail with a bond of Rs. 10,000 and specific conditions, stating that the order’s observations would not affect the trial.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with murder, conspiracy and common intention under IPC Sections 302, 120(B) and 34.
- Whether the identification of the petitioner by the eyewitness is sufficient to deny bail.
- Whether the petitioner’s prior criminal antecedent under the Excise Act warrants denial of bail.
Legislation cited
- Excise Act
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- IPC
- criminal antecedent
- identification
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91076 of 2025
Arising Out of PS. Case No.-479 Year-2023 Thana- SABAUR District- Bhagalpur
======================================================
Sameer Singh Son of Late Ram Keshar Singh Resident of Village- Rattichak,
P.S.- Goradih, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Upadhyaya, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with S.T. No. 439 of 2025 arising out of Sabour
(Goradih) P.S. Case No. 479 of 2023 registered for the offences
punishable under Sections 302, 120(B) and 34 of the Indian
Penal Code.
3. As per the prosecution case, the father of the
informant was allegedly killed by unknown persons. The
informant has raised suspicion with regard to certain persons,
including the petitioner that they might have been involved in
the said occurrence.
4. Learned counsel for the petitioner submits that it is
only on the suspicion being raised by the informant that the
Patna High Court CR. MISC. No.91076 of 2025(3) dt.11-02-2026
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petitioner has been implicated in this case. It has further been
submitted that during the course of investigation, it has
specifically come in paragraph 78 of the case diary that the
eyewitness namely Deepak Singh had seen Govind Singh and
one Shekhar Singh, committing the crime. It has been submitted
that in the impugned order, the learned Additional Sessions
Judge committed an error stating that it was on the identification
of this petitioner that the spade which was used in the crime has
been used. From the said paragraph, it is evident that from
identification of the co-accused, Govind Singh and confirmed
by Sekhar Singh that the said recovery was made and therefore,
the rejection of the prayer of the bail of the petitioner was also
not correct on such erroneous finding of fact as stated in the
impugned order. It has further been submitted that the co-
accused namely Shekhar Singh has been enlarged on bail by a
coordinate bench of this court by order dated 31.07.2024, passed
in Cr. Misc. No. 35940 of 2024. It has lastly been submitted that
the petitioner has one criminal antecedent that too for offences
under the Excise Act and he is in custody since 04.01.2025 in
the present case.
5. The learned APP for the state has vehemently
opposed the prayer for bail and submitted that the name of the
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petitioner has transpired during investigation as one of the co-
accused in the alleged killing of the father of the informant.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection with S.T. No. 439 of
2025 arising out of Sabour (Goradih) P.S. Case No. 479 of 2023
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be local resident.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
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that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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