Patna High Court – Orders
Ram Chandra Singh @ Ramchandar Singh vs The State Of Bihar on 25 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84658 of 2024
Arising out of PS. Case No.-162 Year-2021 Thana- PASRAHA District- Khagaria
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Ram Chandra Singh @ Ramchandar Singh S/o Late Narayan Singh @
Narayan Prasad Singh R/o -Village- Pasraha, Road No- 14 P.S.- Pasraha, Dis-
trict- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s: Mr. Abhay Kumar Roy, APP
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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
6 25-06-2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. This is the third round litigation on behalf of the pe-
titioner who seeks bail in a case instituted for the offences under
Sections 302, 307, 34 and 120B of the Indian Penal Code and
Section 27 of the Arms Act. He has one criminal antecedent, i.e.,
Pasraha P.S. Case No. 96 of 2020 registered under Sections 147,
341, 323, 379 and 506 of the Indian Penal Code.
3. As per the prosecution case, the informant has al-
leged that the named accused persons including the petitioner
surrounded the husband of the informant namely Vikash Singh,
they all abused and assaulted him. It is further alleged that peti-
tioner took out his pistol and open fired on the husband of the
informant, Vikash Singh who died due to the said firearm in-
Patna High Court CR. MISC. No.84658 of 2024(6) dt.25-06-2025
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juries. It is next alleged that her father-in-law namely Pramod
Singh who had come for rescue of the deceased-husband of the
informant, they also opened fire on him, however, he managed
to escape.
4. This Court vide order dated 19.01.2024 passed in
Cr. Misc. No. 69884 of 2023 while rejecting the prayer for bail
of the petitioner had directed the learned trial Court to conclude
the trial within nine months positively, failing which the peti-
tioner will be at liberty to renew his prayer for bail. Learned
counsel for the petitioner submits that the petitioner is in cus-
tody since 04.06.2022, i.e., more than three years. It is further
submitted by learned counsel for the petitioner that from perusal
of the report received from the learned trial Court, it is evident
that the case has been committed to the Court of Sessions re-
cently on 28.04.2025 and as on day not a single witness has
been examined. It is also submitted by learned counsel for the
petitioner that altogether there are twelve charge-sheet wit-
nesses. It is next submitted by learned counsel for the petitioner
that looking at the present stage of trial it does not appear that it
shall be concluded in near future and the petitioner is languish-
ing in custody for the last three years.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No.84658 of 2024(6) dt.25-06-2025
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has vehemently opposed the prayer for bail of the petitioner and
has submitted that there is specific allegation against the peti-
tioner of having assaulted the deceased-husband of the infor-
mant namely Vikash Singh as such the petitioner should not
granted liberty of bail.
6. Considering the aforesaid submissions of learned
counsels and taking into account the fact that the petitioner is in
custody since 04.06.2022, i.e., for the last three years and the
trial has not begun and despite the previous order of this Court
dated 19.01.2024 passed in Cr. Misc. No. 69884 of 2023 to con-
clude the trial within a period of nine months, it has not made
any progress, the petitioner above named, is directed to be re-
leased on bail on furnishing bail-bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/Judicial Magistrate-1st Class,
Khagaria in connection with Pasraha P.S. Case No. 162 of 2021,
subject to the the following conditions:-
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date fixed by the
Court below, if so required by the learned Trial
Patna High Court CR. MISC. No.84658 of 2024(6) dt.25-06-2025
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(iii) In case of absence on two con-
secutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable
to be canceled by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
except aforementioned one case of the peti-
tioner and in case at any stage it is found that
the petitioner has concealed his criminal an-
tecedent except aforementioned one case, the
court below shall take step for cancellation of
bail bond of the petitioner. However, the accep-
tance of bail bonds in terms of the above-men-
tioned order shall not be delayed for purpose of
the same or in the name of verification.
(v) If it is found that the trial is be-
ing delayed on account of the petitioner, the
learned trial Court shall take steps for cancella-
tion of bail bond of the petitioner.
7. In view of the antecedent of the petitioner, the
petitioner is directed to appear before the Superintendent of Po-
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lice, Khagaria within fifteen days of his release with a copy of
this order and every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept under watch
in this period by the Superintendent of Police concerned and if
it is found wanting in any respect, a report shall be made to the
court concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the Su-
perintendent of Police, a certificate will be filed by the peti-
tioner before the court concerned.
8. It is made clear that the observations, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Vikash/-
U T