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Patna High Court

Ram Niwas SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.90780 of 2025(2) dt.13-01-2026
                                                        3/3




                      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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