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Patna High Court

Baban Singh @ Baban YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners on a bond of Rs.10,000 with two sureties, subject to conditions, finding no specific allegation against them and noting the precedent of bail to a co‑accused.

Summary

Petitioners Baban Singh and his son Uttam Singh were arrested on 12 March 2026 in connection with an excise case alleging arson and assault on a family and neighbours, with charges under several sections of the Bihar Non‑Specific (BNS) Act. The prosecution alleged that the petitioners set fire to a cow‑shade and assaulted the victims with sticks, causing injuries including a fractured finger. The petitioners contended they were falsely implicated due to a prior petty dispute and that the FIR contains only vague, omnibus allegations without specific acts against them. The Additional Public Prosecutor opposed bail, citing the petitioners' prior criminal antecedents. The court noted the lack of specific allegations, the grant of bail to a similarly situated co‑accused (Amit Kumar), and ordered bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if conditions were breached.

Issues considered

  • Whether the petitioners are entitled to bail despite the seriousness of the offences and alleged prior criminal antecedents
  • Whether the FIR contains specific allegations sufficient to deny bail
  • Whether the grant of bail to a similarly situated co‑accused influences the bail decision

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • arson
  • prior criminal antecedent
  • conditions of bail
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39955 of 2026
                        Arising Out of PS. Case No.-44 Year-2026 Thana- RAJPUR District- Rohtas
                 ======================================================
           1.     Baban Singh @ Baban Yadav son of Late Vishwanath Singh Resident of
                  Village- Baligaon PS -Rajpur Dist -Rohtas
           2.    Uttam Singh Son of Baban Singh @ Baban Yadav Resident of Village-
                 Baligaon PS -Rajpur Dist -Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   08-07-2026                    Heard Mr. Babu Nandan Prasad, learned counsel for

                   the petitioners as well as Mr. Uday Chand Prasad, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seek bail who are custody since

                   12.03.2026 in connection with Rajpur Excise P.S. Case No. 44

                   of 2026 for the offences punishable under Sections 126(2),

                   115(2), 118(1), 117(2), 303(2), 109, 352 and 3(5) of BNS.

                               3.     According to prosecution case, the informant

                   alleged that on 10.03.2026 petitioner no.1, Baban Singh blazed

                   fire in Gaushala (cow-shade) of informant for which she

                   informed police thereafter Baban Singh and his associates

                   assaulted the entire family with danda, rod and Rama and
Patna High Court CR. MISC. No.39955 of 2026(3) dt.08-07-2026
                                            2/4




          further states that the Baban singh and his son pressed to

          withdraw earlier case. That the Prosecutrix further alleged that

          her younger daughter-in-law Gita Devi was assaulted and her

          gold chain and Jitiya was broken and elder brother of Baban

          Singh namely Uttam Kumar Singh, who is petitioner no.2

          snatched chain and her elder son Raju sustained head injury and

          14 stitches were given, head of younger son was torn due to

          assault of danda, Puja and Muskan who were neighbour of

          informant also assaulted.

                      4. Learned counsel for the petitioners submits that

          petitioners are innocent and they falsely been implicated in the

          present case. It appears from the FIR that due to some petty

          dispute (previous dispute) the present occurrence has taken

          place and there is case and counter case between the parties.

          From bare perusal of the FIR it appears that there is no specific

          allegation of assault or overt act against the petitioners rather

          there is general and omnibus allegation against all the accused

          persons including the petitioners and injury inflicted upon the

          injured persons is simple in nature except one injury which is

          grievous in nature due to fracture in finger. He next submits that

          similarly situated co-accused person, namely, Amit Kumar has

          been granted the privilege of bail by this Court vide order dated
Patna High Court CR. MISC. No.39955 of 2026(3) dt.08-07-2026
                                            3/4




          06.05.2026 in Cr. Misc. No. 30653 of 2026. The police after

          investigation submitted charge-sheet against the petitioners and

          the petitioners are in custody since 12.03.2026.

                      5. The learned learned Additional Public Prosecutor

          has vehemently opposed the prayer for bail of the petitioners

          and submits that both the petitioners carry one criminal

          antecedent other than the present one.

                       6. Considering the aforesaid facts and circumstances,

          there is no specific allegation of assault or overt against the

          petitioners and similarly situated co-accused person has been

          granted the privilege of bail by this Court, let the petitioners,

          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 the learned Judicial Magistrate, 1st

          Class, Bikramganj, Rohtas in connection with Rajpur Excise

          P.S. Case No. 44 of 2026, 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 tamper with the evidence or the
            Patna High Court CR. MISC. No.39955 of 2026(3) dt.08-07-2026
                                                        4/4




                      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

                      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)
Suruchi/-

U      T


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