Patna High Court
Raja DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Raja Das, was arrested in connection with an assault on an informant’s vehicle and alleged theft of a gold chain, under multiple sections of the BNS. He has a clean antecedent and the FIR contains only a general allegation against all accused, without specific acts attributed to him. The petitioner’s counsel highlighted that co‑accused had already been granted bail in similar circumstances. The State opposed bail, but the court noted the lack of specific incriminating evidence against the petitioner and his clean record. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite being named in the FIR for offences under sections 191(2), 190, 126(2), 127(2), 115(2), 109(1), 303(2), 352 and 351(2) of the BNS.
- Whether the general nature of the allegations and the petitioner’s clean antecedent justify granting bail.
Legislation cited
- BNS — s. 109(1), 115(2), 126(2), 127(2), 190, 191(2), 303(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- theft
- clean antecedent
- general allegation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30108 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- JALE District- Darbhanga
======================================================
Raja Das Son of Deo Nandan @ Dev Nandan Das Resident of Village- Jale,
P.S.- Jale, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-05-2026 Heard Mr. Saurav Anand, learned counsel for the
petitioner and Mr. Md. Ataur Rahman, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
15.02.2026 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 was snatched
away.
Patna High Court CR. MISC. No.30108 of 2026(2) dt.07-05-2026
2/3
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, another co-
accused person, namely, Dev Nandan Das has been granted bail by
this Court vide order dated 28.04.2026 passed in Cr. Misc. No.
28847 of 2026 respectively, and the police, after investigation,
submitted the chargesheet against the petitioner and the petitioner
is in custody since 15.02.2026.
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 learned
Patna High Court CR. MISC. No.30108 of 2026(2) dt.07-05-2026
3/3
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)
Ibrar//-
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