Prem Prakash @ Supadi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27164 of 2026 Arising Out of PS. Case No.-453 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== 1.
Prem Prakash @ Supadi S/o Hajari Singh R/o vill - Lala Atimi, P.SNasariganj, Distt.- Rohtas 2.
Lalu @ Abhimanyu Pratap S/o Hajari Singh R/o vill - Lala Atimi, P.SNasariganj, Distt.- Rohtas 3.
Amit Kumar S/o Kameshwar Singh @ Kameshwan Singh R/o vill - Lala Atimi, P.S- Nasariganj, Distt.- Rohtas 4.
Satyadev Kumar @ Golu Kumar @ Satyadev Prakash S/o Kameshwar Singh @ Kameshwan Singh R/o vill - Lala Atimi, P.S- Nasariganj, Distt.- Rohtas 5.
Kameshwar Singh @ Kameshwan Singh S/o Late Chaman Singh R/o vill - Lala Atimi, P.S- Nasariganj, Distt.- 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. Mithlesh Kumar Khare, APP For the Informant :
Mr. Manish Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-04-2026 Heard Mr. Ravi Kant, learned counsel for the petitioners, Mr. Manish Kumar Singh, learned counsel for the informant and Mr. Mithlesh Kumar Khare, learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since 31.01.2026 in connection with Nasariganj P.S. Case No. 453 of 2025, F.I.R. dated 27.12.2025 for the offences punishable under Sections 191(2), 191(3), 190, 103, 61(2) of the BNS, 2023 and Section 27 of the Arms Act.
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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 death.
4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been 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 general and omnibus allegation against all the accused persons including these petitioners. The present FIR has been instituted against 20 known and 1 unknown person and the allegation of firing is not against any of the accused persons. Although doctor has opined that the cause of death is firearm injury and the firearm which was used in the present crime was recovered from the house of co-accused, Manoj Singh and the petitioners have no concern at all with the present occurrence and they have been made accused merely on the basis of suspicion. He further submits that similarly situated, co-accused, namely, Indu Devi @ Indu Singh and ors. have been granted bail by a co-ordinate Bench of this Court vide order dated
3/4 12.03.2026 passed in Cr. Misc. No. 15338 of 2026. The petitioners are in custody since 31.01.2026.
5. Learned counsel for the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioners on the ground that petitioner no.1 carries four criminal antecedents, petitioner no.2 carries two criminal antecedents, petitioner no.3 carries three criminal antecedents, petitioner no.4 carries two criminal antecedents and petitioner no.5 carries three criminal antecedents other than the present one but fairly submits that out of the said cases petitioner no. 1 is on bail in three cases, petitioner no. 2 is on bail in both the cases, petitioner no. 3 is on bail in two cases, petitioner no. 4 is on bail in one case and petitioner no. 5 is on bail in two cases and rest other cases are pending for consideration before the competent court of law.
6. Considering the aforesaid facts and circumstances, 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 SDJM, Bikramganj, Rohtas in connection with Nasariganj P.S. Case No. 453 of 2025, subject to the following conditions:-
4/4 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 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