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Patna High CourtCR. MISC./53591/2025bail granted

Mahendra Singh v. The State Of Bihar

2025-11-15Mr. Justice Chandra Shekhar Jha9 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52338 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Vasudeva District- Buxar ====================================================== ARUN KUMAR SINGH @ ARUN SINGH S/o- Late Ram Pravesh Singh R/o Village- Chakaura Ps- Basudeva Dist- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52909 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Vasudeva District- Buxar ====================================================== Bhola Singh @ Sheo Shankar Singh S/o Dewashray Singh @ Devashray Singh R/o Village- Amirpur, P.S.- Basudeva, District- Buxar.... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53591 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Vasudeva District- Buxar ====================================================== Mahendra Singh S/o Late Ramnarayan Singh Resident of village- Amirpur, P.S.- Basudeva, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 52338 of 2025) For the Petitioner/s :

Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP For the Informant :

Ms. Roona, Advocate (In CRIMINAL MISCELLANEOUS No. 52909 of 2025) For the Petitioner/s :

Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP For the Informant :

Ms. Roona, Advocate (In CRIMINAL MISCELLANEOUS No. 53591 of 2025) For the Petitioner/s :

Mr.Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP For the Informant :

Ms. Roona, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-11-2025 Cr. Misc. No. 52338 of 2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2/9

2. The petitioner seeks bail in connection with Basudeva P.S. Case No. 39/2025, registered for the offence under Sections 103(1) of BNS and Section 27 of the Arms Act.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 31.05.2025.

4. As per FIR, some unknown miscreants committed murder of husband of the informant on intervening night of 24.05.2025 at about 8:30 PM, while she was sleeping at boring well house.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner transpired on the basis of confessional statement of coaccused Bhola Singh during course of investigation, in furtherance of which no incriminating material recovered/surfaced as to connect petitioner prima facie with present occurrence of murder. It is submitted that during investigation some enmities appears disclosed by some of the witnesses stating that the carrier goods vehicle of the petitioner was not engaged by deceased while working with

3/9 one multinational company but during investigation, it transpires that the petitioner was never working with any multinational company and same found false also. While concluding argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Petitioner found involved in two more criminal cases, where in one case after concluding trial he was acquitted whereas in another case which is related with cheating, he is on bail.

6. Learned APP duly assisted by learned counsel Ms. Roona, appearing on behalf of the informant while opposing the prayer of bail could not disputed the aforesaid factual submission.

7. Considering the aforesaid factual submissions and by taking note of fact as save and except suspicion nothing transpires against this petitioner during investigation as to connect him with present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 31.05.2025,

4/9 accordingly, petitioner above named, is directed to be released on bail in connection with Basudeva P.S. Case No. 39/2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Buxar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. Cr. Misc. No. 52909 of 2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Basudeva P.S. Case No. 39/2025, registered for the offence under Sections 103(1) of BNS and Section 27 of the Arms Act.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 31.05.2025.

4. As per FIR, some unknown miscreants committed murder of husband of the informant on intervening night of 24.05.2025 at about 8:30 PM while she was sleeping

5/9 at boring well house.

5. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner transpired during investigation on the basis of unknown police spy, which lead to recording of self confession of this petitioner, in furtherance of which no incriminating material recovered/surfaced as to connect petitioner prima facie with present occurrence of murder. It is submitted that during investigation some enmities appears disclosed by some of the witnesses stating that the carrier goods vehicle of the petitioner was not engaged by deceased while working with one multinational company but during investigation, it transpires that the petitioner was never working with any multinational company and same found false also. While concluding argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner found involved in one more criminal case, where he is on bail.

6. Learned APP duly assisted by learned counsel

6/9 Ms. Roona, appearing on behalf of the informant while opposing the prayer of bail could not disputed the aforesaid factual submission.

7. Considering the aforesaid factual submissions and by taking note of fact as save and except suspicion nothing transpires against this petitioner during investigation as to connect him with present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 31.05.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Basudeva P.S. Case No. 39/2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Buxar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. Cr. Misc. No. 53591 of 2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with

7/9 Basudeva P.S. Case No. 39/2025, registered for the offence under Sections 103(1) of BNS and Section 27 of the Arms Act.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 31.05.2025.

4. As per FIR, some unknown miscreants committed murder of husband of the informant on intervening night of 24.05.2025 at about 8:30 PM while she was sleeping at boring well house.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner transpired on the basis of confessional statement of coaccused Bhola Singh during course of investigation, in furtherance of which no incriminating material recovered/surfaced as to connect petitioner prima facie with present occurrence of murder. It is submitted that during investigation some enmities appears disclosed by some of the witnesses stating that the carrier goods vehicle of the petitioner was not engaged by deceased while working with one multinational company but during investigation, it

8/9 transpires that the petitioner was never working with any multinational company and same found false also. While concluding argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Petitioner found involved in one more criminal case, where he is on bail.

6. Learned APP duly assisted by learned counsel Ms. Roona, appearing on behalf of the informant while opposing the prayer of bail could not disputed the aforesaid factual submission.

7. Considering the aforesaid factual submissions and by taking note of fact as save and except suspicion nothing transpires against this petitioner during investigation as to connect him with present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 31.05.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Basudeva P.S. Case No. 39/2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten

9/9 Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Buxar/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) veena/- U T