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Patna High Court

Raju Singh @ Raju KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/5




          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
                                                        5/5




                      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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