Patna High Court
Ram Niwas SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as the petitioners have a clean antecedent and no specific allegation against them in the FIR, subject to prescribed conditions.
Summary
Ram Niwas Singh and Santosh Prasad were arrested on 5 October 2025 in connection with a Patliputra police case involving alleged offences under Sections 105 and 3(5) of the Bihar Narcotic Substances Act, 2023. The petitioners claimed they have no prior criminal record and that the FIR contains only a generic allegation against all accused, with no specific charge against them. The prosecution opposed bail, arguing the seriousness of the offences. The court examined the lack of specific allegations in the FIR and the petitioners' clean antecedent, and consequently ordered their release on bail subject to monetary surety and several conditions. The bail order includes requirements for cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the accused when the FIR contains only a generic allegation and no specific charge against them.
- Whether the clean antecedent of the petitioners warrants bail despite the seriousness of the offences under Sections 105 and 3(5) of the Bihar Narcotic Substances Act, 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 105, 3(5)
Subjects
- bail
- criminal procedure
- Bihar Narcotic Substances Act
- Section 105
- Section 3(5)
- clean antecedent
- FIR
- generic allegation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90780 of 2025
Arising Out of PS. Case No.-432 Year-2025 Thana- PATLIPUTRA District- Patna
======================================================
1. Ram Niwas Singh Son of Rajeshwari Singh Resident of Tekari, P.S.- Kinjar,
District- Arwal
2. Santosh Prasad Son of Late Nand Kishor Prasad Resident of Village-
Sherthua, P.S.- Makhdumpur, District- Jehanabad
... ... petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr. Jitendra Pd. Singh, Sr. Advocate
Mr. Venkatesh Kaushik, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Jitendra Pd. Singh, learned senior counsel
for the petitioners and Mr. Shyam Kumar Singh, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
05.10.2025 in connection with Patliputra P.S. Case No. 432 of
2025, F.I.R. dated 05.10.2025 for the offences punishable under
Sections 105 and 3(5) of the BNS, 2023.
3. According to prosecution case, these petitioners
along with other accused persons killed the deceased who
entered in their premises to commit theft.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.90780 of 2025(2) dt.13-01-2026
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implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. From perusal of
the F.I.R it appears that there is no specific allegation of assault
or overt act attributed against the petitioners rather there is
general and omnibus allegation against all the accused persons
including these petitioners. He further submits that the police
after investigation submitted the charge sheet against the
petitioners. The petitioners are in custody since 05.10.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent and there is no
specific allegation against them in the F.I.R, 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 A.C.J.M-X, Patna
in connection with Patliputra P.S. Case No. 432 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
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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
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)
Vanisha/-
U T
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