Patna High Court
Sanjeev Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of specific allegations against the petitioners in the FIR, bail may be granted subject to appropriate conditions.
Summary
Petitioners Rajeev Kumar Rai and Sanjeev Kumar Singh were arrested in connection with a case involving alleged assault with weapons that resulted in the death of the informant's son. They sought bail, contending that the FIR contained only generic allegations and did not specifically attribute any overt act to them. The State opposed bail, emphasizing the seriousness of the offence and the petitioners' involvement in multiple other cases. The court examined the FIR and found no specific charge against the petitioners, concluding that the lack of particularized allegations justified granting bail. Accordingly, the court ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence, and directed that verification of criminal antecedents should not delay the bail.
Issues considered
- Whether bail can be granted when the FIR contains only generic, omnibus allegations without specific acts attributed to the accused.
- Whether the gravity of the offence, including death of a person, bars the grant of bail.
- Whether the petitioners' pending criminal cases affect their eligibility for bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 109, 115(2), 118(1), 118(2), 126(2), 127(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 61(2)
Subjects
- bail
- FIR
- generic allegations
- Bihar Narcotic Substances Act
- Arms Act
- murder
- assault
- court conditions
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22914 of 2026
Arising Out of PS. Case No.-284 Year-2024 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Rajeev Kumar Rai @ Rajeev Kumar S/o Nand Kumar Ray Resident of
village- Hettanpur Dhamaun, PS- Patori, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 29225 of 2026
Arising Out of PS. Case No.-284 Year-2024 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Sanjeev Kumar Singh S/o Late Vimal Prasad Singh R/o Village - Hemanpur
P.S - Mohiuddin Nagar, District - Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o Late Lal Kishun Singh R/o village - Hemanpur, P.S - Mohiuddin
Nagar, District - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 22914 of 2026)
For the Petitioner/s : Mr.Abhay Shanker Singh, Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
For the Informant : Mr. Vishal Vikram Rana, Advocate
(In CRIMINAL MISCELLANEOUS No. 29225 of 2026)
For the Petitioner/s : Mr.Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-05-2026 Heard Mr.Abhay Shanker Singh, learned counsel for
the petitioner, Mr. Vishal Vikram Rana, learned counsel for the
informant and Mr.Jagdhar Prasad, learned Additional Public
Prosecutor for the State (In CRIMINAL MISCELLANEOUS
Patna High Court CR. MISC. No.22914 of 2026(3) dt.01-05-2026
2/4
No. 22914 of 2026),Mr.Deepak Kumar Singh,learned counsel
for the petitioner and Mr.Uday Pratap Singh, learned Additional
Public Prosecutor for the State (In CRIMINAL
MISCELLANEOUS No. 29225 of 2026).
2. The petitioners seek bail, who are in custody since
31.12.2025 in connection with Mohiuddinnagar P.S. Case No.
284 of 2024, F.I.R. dated 15.12.2024 registered for the offence
punishable under Sections 191(2), 191(3), 190, 126(2), 127(2),
115(2), 118(1), 118(2), 109, 103(1), 61(2),352,351(2),351(3) of
BNS, 2023 and Section 27 of Arms Act.
3. Allegation against the petitioners is that they
alongwith other co-accused persons have assaulted the
informant’s son with sticks, iron rod, pistol and axes severely
injuring him and he died while being taken to Samastipur for
treatment.
4. Learned counsel appearing for the petitioners fairly
submits that although the petitioners are named in the FIR but
from a bare perusal of the FIR it appears that there is no specific
allegation of any assault, overt-act or firing attributed against
the petitioners rather there is general and omnibus allegation
against all the accused persons including the petitioners. It
appears from the FIR itself that due to some previous petty
Patna High Court CR. MISC. No.22914 of 2026(3) dt.01-05-2026
3/4
dispute the present occurrence had taken place and the police,
after investigation, submitted chargesheet against the petitioners
and the petitioners are in custody since 31.12.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for bail
of the petitioners and submits that in the present occurrence
some person has died, apart from that, the petitioners are named
in the FIR and with common intention they have committed the
death to the son of the informant. Further submits that petitioner,
namely, Rajeev Kumar Rai @ Rajeev Kumar carries four more
cases other than the present one but fairly submits that the
petitioner is on bail in all the cases, as mentioned in para-3 of
the bail petition. Petitioner, namely, Sanjeev Kumar Singh
carries five more cases other than the present one but fairly
submits that out of five cases, in four cases the final form has
been submitted and rest one case is pending for consideration
before the competent court of law, as mentioned in para-3 of the
bail petition.
6. Considering the aforesaid facts, 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 learned Additional Sessions
Patna High Court CR. MISC. No.22914 of 2026(3) dt.01-05-2026
4/4
Judge-VI-cum-Special Court (POCSO), Samastipur in
connection with Mohiuddinnagar P.S. Case No. 284 of 2024,
with 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 theri 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
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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