Patna High Court
Dev Nandan DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Dev Nandan Das, was arrested on 8 January 2026 in connection with an FIR dated 2 January 2026 alleging offences under several sections of the Indian Penal Code, including assault and robbery. The prosecution alleged that a group of persons, including the petitioner, attacked an informant’s vehicle, causing injury and theft of a gold chain. The petitioner’s counsel argued that he has a clean antecedent and that the FIR contains only a generic allegation against all accused, with no specific act attributed to him, noting that a co‑accused had already been granted bail. The State opposed the bail on the ground of the seriousness of the offences. The Court, considering the petitioner’s clean record and the lack of specific incriminating allegation, ordered his release on bail of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to the lower court for implementation.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged in the FIR
- Whether the generic nature of the allegations against the petitioner justifies granting bail
- Whether the petitioner’s clean antecedent warrants bail
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 126(2), 127(2), 190, 191(2), 303(2), 351(2), 352
Subjects
- bail
- criminal procedure
- Indian Penal Code
- clean antecedent
- generic allegation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28847 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- JALE District- Darbhanga
======================================================
Dev Nandan Das S/O Sanai Das Resident of Village- Jale, P.S.- Jale, Dist-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr.Saurav Anand, learned counsel for the
petitioner and Mr.Pawan Kumar Chaurasia, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
08.01.2026 in connection with Jale P.S. Case No. 03 of 2026,
F.I.R. dated 02.01.2026 registered for the offence punishable
under Sections 191(2), 190, 126(2), 127(2), 115(2), 109(1),
303(2), 352, 351(2) of BNS.
3. According to prosecution case, in course of going
to Madhubani from his village, near Subhash Chowk, the four
wheeler of the informant was surrounded by 7-8 persons and in
consequence thereof, after abusing him, started assaulted him,
as a result of which, he sustained injury. It is also alleged that
during course of occurrence, the gold chain of the informant
Patna High Court CR. MISC. No.28847 of 2026(2) dt.28-04-2026
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was snatched away.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Further submits
that it appears from the FIR that although the petitioner is
named in the FIR but there is no specific allegation of any
assault or overt-act attributed against the petitioner rather there
is general and omnibus allegation against all the accused
persons including the petitioner. Although the informant has
received the injury but the injury report of the informant
suggests that the injury is simple in nature and for the same set
of allegation, co-accused person, namely, Shrawan Kumar Das
@ Shrawan Kumar Choudhary @ Shravan Kumar has been
granted bail by this Court vide order dated 21.04.2026 passed in
Cr. Misc. No.27197 of 2026 and the police, after investigation,
submitted the chargesheet against the petitioner and the
petitioner is in custody since 08.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, let the petitioner, 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
Patna High Court CR. MISC. No.28847 of 2026(2) dt.28-04-2026
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learned A.C.J.M.-I, Darbhanga in connection with Jale P.S.
Case No. 03 of 2026,with the following conditions:-
(I) Petitioner 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 his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner 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 petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Nitesh/-
U T
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