Patna High Court
Damodar 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
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103, 190, 191(2), 191(3), 61(2)
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
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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
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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.
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(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//-
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