Patna High Court
Raju Singh @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Since the FIR does not specifically allege assault by the petitioners and similarly situated co‑accused have been granted bail, the court grants bail to the petitioners subject to conditions.
Summary
The petitioners Raju Singh, Lal Babu Singh and Vinay Kumar Singh were arrested in connection with FIR No. 453 of 2025 alleging assault and homicide under several sections of the Bihar Negotiable Substances Act, 2023 and Section 27 of the Arms Act. They sought bail, claiming they were falsely implicated due to a prior dispute and that the FIR contains only a generic allegation without specific reference to their individual acts. The prosecution opposed bail, highlighting the petitioners' prior criminal antecedents and ongoing bail in other cases. The court observed that no specific allegation of assault or overt act was made against the petitioners and that similarly situated co‑accused had already been granted bail by this Court. Consequently, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioners in the absence of specific allegations of assault against them.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Substances Act, 2023 — s. 103, 190, 191(2), 191(3), 61(2)
Subjects
- bail
- criminal procedure
- arms act
- assault
- criminal antecedents
- FIR
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25353 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
1. Raju Singh @ Raju Kumar Son of Late Mahendra Singh R/O Village- Lala
Atimi, P.S.- Nasriganj, District- Rohtas
2. Lal Babu Singh Son of Late Bhudev Singh @ Bhundev Singh R/O Village-
Lala Atimi, P.S.- Nasriganj, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 29289 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
Vinay kumar singh @ Vinay Singh S/O Late Bhudev Singh @ Bhundev Singh
R/O Village - Lala Atimi, P.S- Nasriganj, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 25353 of 2026)
For the Petitioner/s : Mr. Ravi Kant, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
For the Informant : Mr. Dharmendra Kumar Singh, Advocate
(In CRIMINAL MISCELLANEOUS No. 29289 of 2026)
For the Petitioner/s : Mr. Ravi Kant, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
For the Informant : Mr. Dharmendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
Patna High Court CR. MISC. No.25353 of 2026(3) dt.07-05-2026
2/5
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioners, learned
Additional Public Prosecutor for the State as well as learned
counsel for the Informant.
2. Petitioners seeks bail who in connection with
Nasariganj P.S. Case No. 453 of 2025, F.I.R. dated 27.12.2025
for the offences punishable under Sections 191(2), 191(3), 190,
103, 61(2) of the BNS, 2023 and Section 27 of the Arms Act.
3. According to prosecution case, all the accused
persons including these petitioners have assaulted the informant
and her husband by means of lathi, danda and pistol due to
which a bullet hit the husband of the informant resulting into his
death.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they falsely been implicated in the
present case due to previous dispute between the parties.
Although the petitioners are named in the FIR but from bare
perusal of the FIR it appears that there is no specific allegation
of assault or overt act or firing against them rather there is
general and omnibus allegation against all the accused persons
including the petitioners. He next submits that some of the arms
have been recovered from the possession of co-accused, Manoj
Singh @ Manoj Kumar and these petitioners have no role at all
Patna High Court CR. MISC. No.25353 of 2026(3) dt.07-05-2026
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in the present occurrence. He next submits that co-accused
persons, namely, Indu Devi @ Indu Singh and others have been
granted the privilege of bail by a co-ordinate Bench this Court
in vide order dated 12.03.2026 in Cr. Misc. No. 15338 of 2026
and other co-accused persons, namely, Prem Prakash @ Supadi
and others have been granted the privilege of bail by this Court
in vide order dated 21.04.2026 in Cr. Misc. No. 27164 of 2026.
He further submits that the police after investigation submitted
the charge sheet. The petitioners, namely, Raju Singh @ Raju
Kumar in custody since 31.01.2026 and Lal Babu Singh is in
custody since 05.02.2026 and Vinay Kumar Singh is in custody
since 28.01.2026.
5. The learned counsel appearing on behalf of the
informant as well as learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner, namely, Raju Singh @ Raju Kumar
carries three criminal antecedents in which he is on bail in two
cases and petitioner, namely, Lal Babu Singh caries two
criminal antecedents in which he is on bail in one case and
petitioner, namely, Vinay Kumar Singh carries three criminal
antecedents in which he is on bail in two cases.
6. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.25353 of 2026(3) dt.07-05-2026
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there is no specific allegation of assault or overt against the
petitioners and similarly situated co-accused persons have been
granted the privilege of bail by a co-ordinate Bench this Court
or this Court, let the petitioners, above named, 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
the learned Sub-Divisional Judicial Magistrate, Bikramganj,
Rohtas in connection with Nasariganj P.S. Case No. 453 of
2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
Patna High Court CR. MISC. No.25353 of 2026(3) dt.07-05-2026
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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