Gunja Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13330 of 2026 Arising Out of PS. Case No.-205 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== Gunja Singh Wife of Late Priyanshu Singh D/o Ramswaroop Singh, R/O Village - Barwan, P.S.- Navinagar, District - Aurangabad. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Mr. Purushottam Kumar, Advocate :

Ms. Kajal, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP For the Informant :

Mr. Kamlendra Pd. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-04-2026 Heard leaned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. Petitioner seeks bail who is in custody since 02.07.2025 in connection with Nabi Nagar P.S. Case No. 205 of 2025 for the offences punishable under Sections 103(1) and 3(5) of BNS, 2023 and Section 27 of the Arms Act.

3. The prosecution story, in brief, is that the informant namely, Himanshu Kumar Singh recorded his fardbayan stating therein inter alia, that his brother namely, Priyanshu Singh on 23.06.2025 had gone to the house of his brother in law (behnoi) namely, Mithilesh Singh and from there on 24.06.2025 he was returning to his home via Intercity Express. When he reached near Navinagar Station he called on his mother's phone and asked for his motorcycle. Then his co-villager namely, Amit Kumar Singh and Anup Kumar took the key of the motorcycle

2/4 of Priyanshu Singh from his mother and proceeded towards Navinagar railway station. Thereafter, while bringing Priyanshu Singh to Barwan village, when they reached 1 K.M near Lembokhap village, some unknown persons at around 19:30 P.M shot his brother namely, Priyanshu Singh and the covillagers took his brother to Refer Hospital, Nabinagar where in course of treatment he was declared dead.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and is innocent and she has falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and fabricated and the petitioner has not committed any offence as alleged in the FIR. It is next submitted that initially the petitioner was not named in the FIR and the name of the petitioner has transpired during the investigation on the basis of confessional statement of co-accused person, namely Mukesh Kumar. Learned counsel for the petitioner further submits that except the confessional statement of the co-accused person, nothing has come during investigation to suggest the involvement of the petitioner in the present occurrence and similarly situated co-accused person, namely, Jeewan Prasad Singh @ Jivan Prasad Singh has been granted bail vide order

3/4 dated 22.1.2026 passed in Cr. Misc. No. 79088 of 2025. It is next submitted that the police after investigation has submitted charge-sheet and the petitioner is in custody since 02.07.2025.

5. Learned APP for the State and learned counsel for the informant, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submit that during the course of investigation the name of the petitioner has transpired as an active liner in the present case but fairly submits that nothing has come during the course of investigation which suggests that the petitioner has participated in the present crime in question.

6. Considering the aforesaid facts that petitioner has clean antecedent and the petitioner is not named in the FIR and name of the petitioner has transpired on the basis of confessional statement of co-accused person and also the fact that similarly situated person has been granted bail by a Coordinate Bench of 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 Court of learned Additional Chief Judicial Magistrate-I, Aurangabad in connection with Nabi Nagar P.S. Case No. 205 of 2025, subject to the following conditions:-

4/4 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 her absence on two consecutive dates without sufficient reason, her bail bond shall be canceled 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 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) Gaurav Sinha/- U T