Balkrishna Singh @ Valkrishna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57316 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- Refinery District- Begusarai ====================================================== Balkrishna Singh @ Valkrishna Singh S/O Late Kameshwar Singh Resident of Village- Chakballi, P.S.- Refinery, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Binit Kumar, Advocate For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2025 Heard Mr. Binit Kumar, learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103 and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that on 18.04.2025 in the morning, informant, namely Anmol Singh, asked his son, namely Golu Kumar, to bring biscuits, then, he went to get biscuits. When his son did not return, informant, along with his family members, started searching him and in course thereof, he came to know that this petitioner, along with other F.I.R. named accused persons, took son of informant to his house after gagging his mouth. Thereafter, the informant, his mother, wife
Patna High Court CR. MISC. No.57316 of 2025(3) dt.19-12-2025 2/3 and brother starting calling Golu Kumar loudly then, the accused persons took dead body Golu Kumar from their house and left him at the house of informant. It is alleged that all the F.I.R. named accused persons, including this petitioner, killed his son by gagging him and making a hole his head. It is further alleged that the accused persons committed the occurrence out of greed for property.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that informant is not an eye witness to the occurrence. During investigation, none of the witnesses have claimed to have seen this petitioner committing the alleged offence. It is further submitted that it is highly unnatural and unbelievable on the part of the accused to bring the deceased back to the house of the informant after committing the offence. In fact, the deceased died due to electrocution. In the post mortem report, cause of death has been mentioned as "likely due to asphyxia as a result of Smothering". Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 26.05.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.57316 of 2025(3) dt.19-12-2025 3/3 opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, materials that have surfaced during course of investigation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned C.J.M., Begusarai in connection with Barauni Refinery P.S. Case No. 38 of 2025.
(Prabhat Kumar Singh, J) shashank/- U T