Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Raj Kumar Singh and his two sons, were arrested in connection with a disturbance in Nasariganj market where a group of accused, including Binay Singh, were armed with lathis and other weapons. They were charged under Sections 191(2), 191(3), 190, 103, 61(2) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The petitioners argued that they were falsely implicated, had no specific allegations of assault against them, and that co‑accused persons had already been granted bail in similar cases. The prosecution opposed bail. The High Court, after considering the lack of specific charges and the petitioners' clean antecedents (except one prior case for the first petitioner), granted bail to all three on a bond of Rs. 10,000 with two sureties each, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the Bihar Negotiable Instruments Act and the Arms Act.
- Whether the general and omnibus nature of the FIR allegations precludes the grant of bail.
- Whether the petitioners' criminal antecedents justify the denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103, 190, 191(2), 191(3), 61(2)
Subjects
- bail
- criminal procedure
- Arms Act
- false implication
- criminal antecedent
- verification
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30510 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
1. Raj Kumar Singh S/o Late Bhagwat Singh Resident of Village- Lala Atimi,
PS- Nasariganj, District- Rohtas
2. Moti Lal Singh @ Motilal Yadav S/o Raj Kumar Singh Resident of Village-
Lala Atimi, PS- Nasariganj, District- Rohtas
3. Richu Singh S/o Raj Kumar Singh Resident of Village- Lala Atimi, PS-
Nasariganj, District- Rohtas
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Prasad Singh
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail in connection with Nasariganj
P.S. Case No. 453 of 2025 for the offences punishable under
Sections 191(2), 191(3), 190, 103, 61(2) of BNS and Section 27
of the Arms Act.
3. The case of the prosecution story, in brief, is that
Informant Sima Kumari has given a written application to me
Officer-In-charge of Nasariganj Police Station that she along
with her husband Arbind Kumar Singh going for agriculture
work in the market through front of my village. In the Market
Patna High Court CR. MISC. No.30510 of 2026(2) dt.05-05-2026
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near my field dispute was going on between two parties. It is
further stated that when we reached there then saw that Binay
Singh, aged about 44 years, Son of Late Bhudeo Singh and
others twenty named accused persons along with few female
were armed with Lathi, danda and some unknown persons were
also present there Act, lodged on the basis of written application
of informant namely Sima Kumari.
4. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case and petitioner nos. 2
and 3 have clean antecedent and they have falsely been
implicated in the present case. It is next submitted that although
the petitioners are named in the FIR but from perusal of the FIR
it appears that there is no allegation of assault or overt act
against any of the petitioners rather the allegations are general
and omnibus in nature. He further submits that similarly
situated, co-accused persons, namely, Prem Prakash @ Supadi
and four others have been granted bail by a co-ordinate Bench
of this Court vide order dated 21.04.2026 passed in Cr. Misc.
No. 27164 of 2026 and other co-accused persons, namely, Indu
Devi and three other co-accused persons have been granted bail
by a co-ordinate Bench of this Court vide order dated
12.03.2026 passed in Cr. Misc. No. 15338 of 2026. It is next
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submitted that police after investigation has submitted charge-
sheet and petitioner no. 1 is in custody since 28.01.2026 and
petitioner nos. 2 and 3 are in custody since 28.12.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
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:-
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
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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)
Gaurav Sinha/-
U T
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