← Library
Patna High CourtCR. MISC./87076/2025bail granted

Upendra Singh v. The State Of Bihar

2026-02-09Mr. Justice Chandra Shekhar Jha5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85916 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Vasudeva District- Buxar ====================================================== Sunil Singh @ Sunil Yadav S/o Shribhagwan Yadav @ Shri Nath Yadav @ Srinath Singh @ Sribhagwan Singh Resident of Village- Sudhar Dera, P.S.- Koran Sarai, District- Buxar ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== With CRIMINAL MISCELLANEOUS No. 86411 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Vasudeva District- Buxar ====================================================== Munna Singh @ Shashidhar Singh Son of Late Lal Bahadur Singh R/o Village - Amirpur, P.S - Nawanagar, Dist. - Buxar. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== With CRIMINAL MISCELLANEOUS No. 87076 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Vasudeva District- Buxar ====================================================== Upendra Singh S/o Ram Praves Singh R/o Village - Amirpur, P.S - Nawanagar, District - Buxar ... ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 85916 of 2025) For the Petitioner/s :

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

Mr.Anil Kumar Singh No.1, APP (In CRIMINAL MISCELLANEOUS No. 86411 of 2025) For the Petitioner/s :

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

Mr.Anil Kumar Singh No.1, APP (In CRIMINAL MISCELLANEOUS No. 87076 of 2025) For the Petitioner/s :

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

Mr.Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2/5 09-02-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State in all these three bail petitions.

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

3. The accused/petitioners are not named in the F.I.R. and are in custody since 12.10.2025.

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 petitioners submitted that the name of these petitioners transpired on the basis of confessional statement of co-accused Bhola Singh during course of investigation, in furtherance of which, no incriminating material recovered surfaced as to connect petitioners prima facie with present occurrence of murder. It is submitted that during investigation, some enmity appears disclosed by some of the witnesses stating that the

3/5 carrier goods vehicle of the petitioners was not engaged by deceased while working with one multinational company but during investigation, it transpires that the petitioners were not working with any multinational company and same found false also.

6. It is pointed out that said co-accused Bhola Singh @ Sheo Shankar Singh was granted privilege of regular bail by this Hon'ble Court vide order dated 15.11.2025 passed in Cr. Misc. No. 52909 of 2025.

7. 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.

8. Explaining criminal antecedents of the petitioners, it is submitted by learned counsel that petitioner (in Cr. Misc. No. 85916/2025), has no criminal antecedent; petitioner (in Cr. Misc. No. 86411/2025) found involved in one more case, in which he is on bail; and petitioner (in Cr. Misc. No. 87076/2025) claimed clean antecedent.

9. Learned APP duly assisted by learned counsel Ms. Roona, appearing on behalf of the informant while opposing the

4/5 prayer of bail could not disputed the aforesaid factual submission.

10. Considering the aforesaid factual submissions and by taking note of fact as save and except suspicion nothing transpires against these petitioners during investigation as to connect them with the present crime in question, coupled with the fact that investigation of this case is already completed, where petitioners, in these three bail petitions, remain in custody since 12.10.2025, accordingly, all above-named petitioners, are directed to be released on bail in connection with Basudeva P.S. Case No. 39 of 2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IIIrd, Buxar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS, and further condition:

(i) That petitioners shall not indulge in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioners.

5/5 (ii) Accused/Petitioners shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

11. Accordingly, all these three applications stand allowed.

(Chandra Shekhar Jha, J) Rajeev/- U T