Created by Fuzzy Cloud

Patna High Court

Prem Prakash @ SupadiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered the release of the petitioners on bail subject to bond and specified conditions.

Summary

The petitioners, five residents of Lala Atimi village, were arrested on 31 January 2026 in connection with a 2025 FIR alleging assault on an informant and her husband, resulting in the husband's death by firearm. They were charged under several sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioners contended that the FIR was a blanket accusation against twenty persons, with no specific allegation of firing against them, and that they were falsely implicated. The prosecution opposed bail, highlighting multiple prior criminal cases against each petitioner. The High Court, after considering the arguments, granted bail to all petitioners on a bond of Rs. 10,000 each 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 despite serious charges of assault and murder and their prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • arms act
  • murder
  • assault
  • omnibus FIR
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27164 of 2026
                      Arising Out of PS. Case No.-453 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
           1.     Prem Prakash @ Supadi S/o Hajari Singh R/o vill - Lala Atimi, P.S-
                  Nasariganj, Distt.- Rohtas
           2.    Lalu @ Abhimanyu Pratap S/o Hajari Singh R/o vill - Lala Atimi, P.S-
                 Nasariganj, Distt.- Rohtas
           3.    Amit Kumar S/o Kameshwar Singh @ Kameshwan Singh R/o vill - Lala
                 Atimi, P.S- Nasariganj, Distt.- Rohtas
           4.    Satyadev Kumar @ Golu Kumar @ Satyadev Prakash S/o Kameshwar Singh
                 @ Kameshwan Singh R/o vill - Lala Atimi, P.S- Nasariganj, Distt.- Rohtas
           5.    Kameshwar Singh @ Kameshwan Singh S/o Late Chaman Singh R/o vill -
                 Lala Atimi, P.S- Nasariganj, Distt.- Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Kant, Advocate
                 For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, APP
                 For the Informant        :       Mr. Manish Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-04-2026                      Heard Mr. Ravi Kant, learned counsel for the

                   petitioners, Mr. Manish Kumar Singh, learned counsel for the

                   informant and Mr. Mithlesh Kumar Khare, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   31.01.2026 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.
Patna High Court CR. MISC. No.27164 of 2026(2) dt.21-04-2026
                                            2/4




                      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 have falsely been implicated in

          the present case. The allegation as alleged in the F.I.R is false

          and fabricated and the petitioners have not committed any

          offence as alleged in the F.I.R. From perusal of the F.I.R it

          appears that there is general and omnibus allegation against all

          the accused persons including these petitioners. The present FIR

          has been instituted against 20 known and 1 unknown person and

          the allegation of firing is not against any of the accused persons.

          Although doctor has opined that the cause of death is firearm

          injury and the firearm which was used in the present crime was

          recovered from the house of co-accused, Manoj Singh and the

          petitioners have no concern at all with the present occurrence

          and they have been made accused merely on the basis of

          suspicion. He further submits that similarly situated, co-accused,

          namely, Indu Devi @ Indu Singh and ors. have been granted

          bail by a co-ordinate Bench of this Court vide order dated
Patna High Court CR. MISC. No.27164 of 2026(2) dt.21-04-2026
                                            3/4




          12.03.2026 passed in Cr. Misc. No. 15338 of 2026.              The

          petitioners are in custody since 31.01.2026.

                      5. Learned counsel for the informant as well as learned

          Additional Public Prosecutor have vehemently opposed the

          prayer for bail of the petitioners on the ground that petitioner

          no.1 carries four criminal antecedents, petitioner no.2 carries

          two criminal antecedents, petitioner no.3 carries three criminal

          antecedents, petitioner no.4 carries two criminal antecedents and

          petitioner no.5 carries three criminal antecedents other than the

          present one but fairly submits that out of the said cases

          petitioner no. 1 is on bail in three cases, petitioner no. 2 is on

          bail in both the cases, petitioner no. 3 is on bail in two cases,

          petitioner no. 4 is on bail in one case and petitioner no. 5 is on

          bail in two cases and rest other cases are pending for

          consideration before the competent court of law.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned SDJM, Bikramganj, Rohtas in connection with

          Nasariganj P.S. Case No. 453 of 2025, subject to the following

          conditions:-
            Patna High Court CR. MISC. No.27164 of 2026(2) dt.21-04-2026
                                                        4/4




                                   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 tampers 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 antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      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)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.