Created by Fuzzy Cloud

Patna High Court

Damodar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

Damodar Singh and Aman Raj were arrested in connection with a case of assault and homicide alleged under Sections 191(2), 191(3), 190, 103, 61(2) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that the accused, along with others, attacked an informant and her husband with sticks and a pistol, resulting in the husband's death. The petitioners contended that the FIR contains only a generic allegation against all accused and that they have been falsely implicated, noting that several co‑accused had already been granted bail. The State opposed bail, pointing to the petitioners' pending criminal matters. The High Court, after considering the circumstances, granted bail to both petitioners 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.
  • Whether a generic allegation in the FIR suffices to deny bail.
  • Whether the petitioners' pending criminal cases affect the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • homicide
  • Arms Act
  • Bihar Narcotic Substances Act
  • high court
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38402 of 2026
                      Arising Out of PS. Case No.-453 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
           1.     Damodar Singh Son of Suresh Singh @ Ramsures Singh Resident of
                  Village- Lala Atimi, P.S.- Nasariganj, District- Rohtas.
           2.    Aman Raj @ Mulayam Son of Damodar Singh Resident of Village- Lala
                 Atimi, P.S.- Nasariganj, District- Rohtas.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Kant, Advocate
                 For the Opposite Party/s :       Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-06-2026                      Heard Mr. Ravi Kant, learned counsel for the

                   petitioners and Mr. Nawal Kishore Prasad, learned APP for the

                   State.

                                2. Petitioners seek bail, who are in custody since

                   17.02.2026, in connection with Nasariganj P.S. Case No. 453 of

                   2025, F.I.R. dated 27.12.2025 registered for the offences

                   punishable under Sections 191(2), 191(3), 190, 103, 61(2) of

                   B.N.S. 2023, and 27 of the Arms Act.

                                3. According to prosecution case, all the accused

                   persons including these petitioners have assaulted the informant

                   and her husband by means of lathi, danda and pistol due to

                   which a bullet hit the husband of the informant resulting into his
Patna High Court CR. MISC. No.38402 of 2026(2) dt.19-06-2026
                                            2/4




          death.

          4. Learned counsel for the petitioners submits that the

          petitioners are innocent and they have been falsely implicated in

          the present case. Although the petitioners are named in the F.I.R.

          but from perusal of the F.I.R. it appears that there is no specific

          allegation of any assault or overt act or firing attributed against

          these petitioners rather there is general and omnibus allegation

          against all the accused persons including these petitioners. He

          further submits that co-accused persons namely, Indu Devi @

          Indu Singh, and others 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, another co-accused persons namely,

          Raju Singh @ Raju Kumar, Lal Babu Singh and Vinay Kumar

          Singh @ Vinay Singh have been granted bail by this Court vide

          order dated 07.05.2026 passed in Cr. Misc. No. 25353 of 2026

          and Cr. Misc. No. 29289 of 2026, and a number of co-accused

          persons have been granted bail by this Court. He further submits

          that the police after investigation submitted chargesheet against

          the petitioners and the petitioners are in custody since

          17.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for           bail of the
Patna High Court CR. MISC. No.38402 of 2026(2) dt.19-06-2026
                                            3/4




          petitioners and submits that the Petitioner No. 1 carries two

          more cases other than the present one but fairly submits that out

          of two cases, the Petitioner No. 1 is on bail in one case and one

          case is pending        for consideration before the competent Court

          of Law and Petitioner No. 2. carries one more case other than

          the present one.

                       6. Considering the facts and circumstances of the

          case, let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of learned Sub- Divisional Judicial Magistrate, Bikramganj,

          Rohtas in connection with Nasariganj P.S. Case No. 453 of

          2025, subject to the following conditions :-

                       (1) 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 bonds shall be cancelled by the

          Court below.

                       (2) If the petitioners tamper with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.
               Patna High Court CR. MISC. No.38402 of 2026(2) dt.19-06-2026
                                                           4/4




                                      (3) 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)
Ibrar//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.