Patna High Court
DIWAKAR SINGHversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to all petitioners, subject to bond and surety conditions and mandatory presence at trial.
Summary
The petitioners – five residents of Banahi village – were arrested in connection with PS Nauhatta Case No.191 of 2025 for alleged possession of weapons, firing, and assault with lathis, charged under multiple sections of the Bihar National Security Act, 2023 and the Arms Act. They contended that the FIR was vague, that only one co‑accused was specifically implicated, and that they had been falsely implicated, having been in judicial custody since 19‑02‑2026. The State opposed bail, highlighting extensive prior criminal antecedents for each petitioner. After hearing both sides, the Court considered the nature of the allegations, the petitioners’ custody duration, and precedent bail granted in a similar case. The Court ordered that all petitioners be released on bail, subject to a bond of Rs 10,000 each with two sureties and the condition of appearing at every trial date.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the Bihar National Security Act, 2023 and the Arms Act and their prior criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-B)(a), 27, 35
Subjects
- bail
- criminal antecedent
- Arms Act
- Bihar National Security Act
- judicial custody
- surety
- trial attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20296 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- NAUHATTA District- Rohtas
======================================================
1. DIWAKAR SINGH S/o SRI JAIRAM SINGH RESIDENT OF VILLAGE-
BANAHI, PS- NAUHATTA, DISTRICT- ROHTAS
2. Om Prakash Singh S/o Late Satyanarayan Singh RESIDENT OF VILLAGE-
BANAHI, PS- NAUHATTA, DISTRICT- ROHTAS
3. Pankaj Singh @ Vikash Kumar Singh S/o Late Satyanarayan Singh
RESIDENT OF VILLAGE- BANAHI, PS- NAUHATTA, DISTRICT-
ROHTAS
4. Shaligram Singh S/o Late Saman Singh @ Saman Narayan Singh
RESIDENT OF VILLAGE- BANAHI, PS- NAUHATTA, DISTRICT-
ROHTAS
5. Ravishankar Singh S/o Late Brahamdeo Singh RESIDENT OF VILLAGE-
BANAHI, PS- NAUHATTA, DISTRICT- ROHTAS
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nawal Kishore Singh
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Nauhatta P.S. Case No. 191 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
127(2), 115(2), 109(1), 140(2), 303(2), 352, 351(3) and 61(2) of
the B.N.S., 2023 and Section 25(1-B)(a), 27 and 35 of the Arms
Act.
3. The case of the prosecution, in short, is that the
Patna High Court CR. MISC. No.20296 of 2026(2) dt.10-04-2026
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petitioner, along with others, arrived armed with weapons. It is
specifically alleged that the petitioners were armed with weapons
and Diwakar Singh, Avinash Singh, Ravi Shankar Singh, Pankaj
Singh, Shaligram Singh, and Sarjan Singh had made firing, and
certain persons were having lathi. Shaligram Singh, Sarjan Singh
and Ravi Shankar Singh were assaulted with a lathi.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that from perusal of the FIR, it is clear that
the nature of allegation is general and omnibus and specific
allegation is only against one petitioner that is Ravi Shankar Sigh
that he has assaulted with lathi. He further submits that the nature
of injuries are simple. He further submits that similarly situated
other co-accused has been granted bail by this court vide Cr. Misc.
No. 75628 of 2025. The case of this petitioner stands on similar
footing. Moreover, the petitioners are languishing in judicial
custody since 19.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner no. 1 has criminal
antecedent of two cases, petitioner no. 2 has criminal antecedent of
four antecedents, petitioner no. 3 has criminal antecedent of seven
cases, petitioner no. 4 has criminal antecedent of 9 cases whereas
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petitioner no. 5 has criminal antecedent of 12 cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail with the condition that
the petitioners shall cooperate in trial and shall remain
physically present on each and every date fixed by the learned
trial court. The above named petitioners are directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) each with two sureties of the like amount each to
the satisfaction of the learned Judicial Magistrate, 1 st Class, Dehri
On Sone at Rohtas in connection with Nauhatta P.S. Case No. 191
of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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