Patna High Court – Orders
Atul Kumar Singh @ Atul Kumar vs The State Of Bihar on 23 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1434 of 2025
Arising Out of PS. Case No.-104 Year-2022 Thana- AWTARNAGAR District- Saran
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Atul Kumar Singh @ Atul Kumar S/o Late Om Prakash Singh R/o Village-
Panchpatia, Post Office- Dewariya, P.S.- Awatar Nagar, District- Saran
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ajay Thakur
Mr.Vaishnavi Singh
For the Respondent/s : Mr.Zeyaul Hoda
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CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
ORAL ORDER
3 23-02-2026
1-Heard learned counsel for the appellant and learned
Additional Public Prosecutor representing the State as well as
learned counsel for the informant.
2-This appeal under Sections 415 (2) and 430(1) of
B.N.S.S. has been preferred by the appellant namely Atul
Kumar Singh against the judgment of conviction dated
20.01.2025 and order of sentence dated 22.01.2025 passed by
learned District & Additional Sessions Judge, XII, Saran at
Chapra in Sessions Trial No. 682 of 2023 arising out of Awtar
Nagar Police Station Case No 104 of 2022, under Sections
323/341/504/506/307/324/379/34 of the IPC, District Saran,
convicting and sentencing the appellant for the period of five
years’ rigorous imprisonment and fine of Rs. 25,000/- for the
offence under Section 307 and in default of payment of fine, six
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months’ additional simple imprisonment.
3-The appellant has prayed for suspension of his sentence
and release on bail during the pendency of this Criminal Appeal
before this Court.
4-Brief facts of the case, which are required to be stated
are that on 07/06/2022 the informant along with his son
Raushan Kumar was sleeping on the roof. At 2:00 P.M. five
persons including Rishu Kumar, Atul Kumar Singh (appellant)
and Akash Kumar Sharma caught hold the informant on the
point of knife and co-accused Akash Kumar Sharma sat on the
back of Raushan Kumar, while appellant Atul Kumar Singh
pressed the mouth of Roshan Kumar and assaulted him with
knife, whereby he got seriously injured. The injuries are
grievous in nature. The accused persons stepped down from the
roof and ran away. During course of fleeing the accused persons
snatched mobile phone worth Rupees seven thousands from
Raushan Kumar.
5-It is argued by learned counsel for the appellant that the
appellant is innocent and he has been falsely implicated in this
case. Impugned judgment and order of conviction and sentence
of the appellant is not sustainable in the eyes of the law. He has
confined his submission only on the detention period. In this
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regard, it is submitted that the appellant is in jail since
18.08.2023. As such, he has served incarceration period of 2
years 6 months and 5 days. Lastly, it is submitted that in case
appellant is granted bail, he will not misuse the liberty of bail
and will co-operate in early hearing of this appeal.
6-Learned A.P.P. for the State and counsel for the
informant opposed the prayer for bail by contending that
prosecution has proved it’s case beyond reasonable doubt, hence
at this stage presumption of innocence is not available to the
appellant.
7-Having heard the learned counsel for the parties,
considering the overall facts and circumstances of the case as
well as looking to the long detention period of the appellant in
jail as mentioned above, I find that he has made out a case for
grant of bail in the light of judgment of the Apex Court in the
case of Saudan Singh vs. State of U.P., 2021 SCC OnLine SC
3259, wherein, it has been observed by the Apex Court that
there may be even convicts in custody in cases other than life
sentence cases and in those cases again the broad parameter of
50 percent of the actual sentence undergone can be the basis for
grant of bail and in the case of Satender Kumar Antil vs.
C.B.I, (2022) 10 SCC 51 wherein, it has been observed inter-
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alia that when a person has undergone detention for a period
extending to one- half of the maximum period of imprisonment
specified for that offence, he shall be released by the court on
his personal bond with or without sureties.
8-The Hon’ble Apex Court in the matter of Atul @
Ashutosh versus State of Madhya Pradesh also while
allowing Criminal Appeal No. 579 of 2024 vide order dated
02.02.2024 has made following observations:-
“Before parting with order, we must note here that
notwithstanding several decisions of this Court holding that
when there is a fixed term sentence and especially when the
appeal is not likely to be heard before completing entire period
of sentence, normally suspension of sentence and bail should be
granted. We find that in several deserving cases, bail is being
denied. Such cases should never be required to be brought
before this Court”.
9-Hence, without expressing any opinion on the merit of
the case, the sentence of the appellant is suspended during the
pendency of this Criminal Appeal.
10-Let the appellant-Atul Kumar Singh be enlarged on
bail during pendency of this appeal in above Case on his
furnishing bail bond with two sureties each in the like amount to
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the satisfaction of the Court concerned subject to deposit of 50%
amount of fine. The realization of remaining 50% amount of
fine shall remain stayed till disposal of this Criminal Appeal.
11-On acceptance of the bail bonds, the concerned Court
below shall furnish the photocopy thereof to this Court for being
kept on record of this Criminal Appeal.
12-Let this Criminal Appeal be listed in due course for
hearing.
(Sanjay Kumar Singh , J)
Saif/-
U T
