Patna High Court

Raj Kumar Singh @ RajaversusThe State of Bihar

Decided: 18 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The petitioner is entitled to regular bail as no specific overt act is alleged against him and he satisfies the criteria of clean antecedents and parity with co‑accused.

Summary

The petitioner, Raj Kumar Singh, was one of seven accused in an assault case that resulted in the death of Anirudh. The prosecution alleged that the accused, armed with various weapons, attacked the informant's family, causing injuries and eventual death. The petitioner argued that no specific overt act was attributed to him, he had no criminal antecedents, and co‑accused had already been granted bail in a similar case. The court considered the lack of specific allegation against the petitioner, his clean record, the parity with other accused, and the fact that a charge‑sheet had been filed. Accordingly, the court ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite being named in the FIR for offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 103(1), 352 and 351(2) of the Indian Penal Code.
Whether the lack of a specific overt act attributed to the petitioner and his clean antecedents justify bail.
Whether parity with co‑accused who were previously granted bail warrants the same relief.

Legislation cited

Indian Penal Code — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 352

Subjects

regular bail
assault
homicide
Indian Penal Code
parity
clean antecedents
charge-sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9494 of 2026

                      Arising Out of PS. Case No.-405 Year-2024 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Raj Kumar Singh @ Raja Son of Sikandar Mandal Resident of Village -
                 Maheshpur, Police Station - Sabour, Dist. - Bhagalpur.

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Dr. Manoj Kumar, Advocate
                 For the State           :        Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered for

                   the offence punishable under Sections 191(2), 191(3), 190,

                   126(2), 115(2), 109, 103(1), 352 and 351(2) of the B.N.S..

                                3. The prosecution case, in brief, is that on 25.11.2024

                   at about 7 AM, all 7 F.I.R. named accused persons, including

                   this petitioner, along with 4 to 5 unknown persons, having lathi,

                   danda, iron rod, spade and khanti in their hands, attacked

                   informant and her family members due to which, five persons

                   sustained injuries and during course of treatment, injured
Patna High Court CR. MISC. No.9494 of 2026(2) dt.18-02-2026
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          Anirudh died.

                       4. Learned counsel appearing for the petitioner

          submits that petitioner is quite innocent and has committed no

          offence. From bare perusal of the F.I.R. it is apparent that all 7

          named and 4 to 5 unknown accused persons are alleged to have

          assaulted the deceased and no specific accusation of overt act

          has been alleged against this petitioner. It is further submitted

          that similarly situated co-accused persons have already been

          granted bail by this Hon’ble Court vide order dated 21.11.2025

          passed in Cr. Misc. No. 42628 of 2025. Moreover, charge-sheet

          has already been submitted and petitioner, having no criminal

          antecedents, is in custody since 17.10.2025.

                       5. Learned A.P.P. for the State the prayer for bail to

          the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity, clean antecedents of the petitioner and period of custody,

          the prayer for grant of bail to the petitioner is allowed.

                       7. Accordingly, let the petitioner, mentioned above, be

          enlarged on bail on furnishing bail bond of Rs.10,000/- (ten

          thousand) with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.9494 of 2026(2) dt.18-02-2026
                                                         3/3




                       satisfaction of learned Chief Judicial Magistrate, Bhagalpur in

                       connection with Sabour P.S. Case No. 405 of 2024.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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