Patna High Court
Raghunath SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
The petitioner, Raghunath Singh, was arrested on 8 July 2025 in connection with a FIR dated 12 March 2025 alleging his participation in a conspiracy to murder Santosh Singh and violations of the Bharatiya Nyay Sanhita, 2023 (ss. 109(1), 61(2), 3(5)) and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated and was already in judicial custody for a separate session trial (No. 560 of 2017) on the alleged date of the crime, making his involvement implausible. The prosecution opposed bail, highlighting the petitioner’s seventeen prior criminal cases, though he had been acquitted in three and was on bail in thirteen. The court noted that a co‑accused who had named the petitioner had already been granted bail and that the petitioner’s alleged alibi of custody was credible. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges of conspiracy murder and possession of arms.
- Whether the petitioner’s claim of being in judicial custody on the alleged date of the offence negates the likelihood of his participation.
- Whether the petitioner’s extensive criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 3(5), 61(2)
Subjects
- bail
- criminal antecedents
- conspiracy murder
- arms act
- Bharatiya Nyay Sanhita
- judicial custody
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91749 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- BHADAUR District- Patna
======================================================
Raghunath Singh S/O Shankar Singh @ Shankar Prasad Sharma R/O Vill.-
Bakma, P.S- Bhadaur, Dist- Patna,Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Richa, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
For the Informant : Mr. Purushottam Kumar, Advocate
: Mrs. Kajal Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 03-04-2026 Heard Ms. Richa, learned counsel for the
petitioner, Mr. Bhanu Pratap Singh, learned Additional Public
Prosecutor for the State as well as Mr. Purushottam Kumar,
learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
08.07.2025 in connection with Bhadaur P.S. Case No. 28 of
2025, F.I.R. dated 12.03.2025 for the offences punishable under
Sections 109(1), 61(2), 3(5) of the Bharatiya Nyay Sanhita,
2023 and Section 27 of Arms Act.
3. According to prosecution case, it is alleged that the
petitioner along with other accused persons in conspiracy killed
on Santosh Singh, who is son of Dinesh Singh (family friend of
Patna High Court CR. MISC. No.91749 of 2025(4) dt.03-04-2026
2/4
the informant).
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
false and fabricated. Petitioner is named in the FIR and co-
accused, Mantu Yadav @ Mantu Kumar had also disclosed that
that the petitioner was involved in the present crime in question
and the said Mantu Yadav @ Mantu Kumar has been granted the
privilege of bail by this Court vide order dated 17.01.2026 in
Cr. Misc. No. 83335 of 2025.. It appears from FIR that alleged
date of occurrence is on 11.03.2025 but on the said date,
petitioner was in judicial custody in connection with Session
Trial No. 560 of 2017 which was pending before ADSJ-V, Barh.
Shee further submits that the police after investigation submitted
the charge sheet against the petitioner and the petitioner is in
custody since 08.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries seventeen criminal antecedents
other than the present one in which he has been acquitted in
three cases and in thirteen cases, he is on bail.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.91749 of 2025(4) dt.03-04-2026
3/4
as well as the fact that on the alleged date of occurrence, the
petitioner was in judicial custody and the co-accused who has
disclosed the name of the petitioner has been granted the
privilege of bail by this Court, 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 Judicial Magistrate First Class, Barh
in connection with Bhadaur P.S. Case No. 28 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.91749 of 2025(4) dt.03-04-2026
4/4
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.