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Patna High Court

Raj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.30510 of 2026(2) dt.05-05-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.30510 of 2026(2) dt.05-05-2026
                                                       4/4




                     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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