Patna High Court
Prem Prakash @ SupadiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103, 190, 191(2), 191(3), 61(2)
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
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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
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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
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