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Patna High Court

Krishna BhuiyanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioners with specified conditions.

Summary

Krishna Bhuiyan and Nandlal Bhuiyan petitioned for regular bail in a criminal case registered under Sections 329(4), 191(2), 190, 115(2), 352, 351(2) and 103(1) of the B.N.S., alleging that they entered an informant's house, assaulted and dragged the informant's father‑in‑law and caused his death. The petitioners contended that the FIR contains only a generic, omnibus allegation against all accused and no specific charge against them, that the charge sheet has already been filed, and that they have no criminal antecedents. The State opposed bail, citing the seriousness of the offences. The Court noted that similarly situated co‑accused had already been granted bail, that there was no specific allegation against the petitioners, and that they had been in custody since 13‑10‑2025 without any risk of absconding or tampering with evidence. Accordingly, the Court ordered their release on regular bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the grave nature of the offences charged.
  • Whether the absence of a specific allegation against the petitioners in the FIR justifies granting bail.
  • Whether the petitioners' clean antecedent, period of custody, and the grant of bail to co‑accused warrant bail in this case.

Legislation cited

  • B.N.S. — s. 103(1), 115(2), 190, 191(2), 329(4), 351(2), 352

Subjects

  • regular bail
  • criminal procedure
  • omnibus allegation
  • co‑accused
  • clean antecedent
  • bail conditions
  • Bihar
  • murder
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.696 of 2026
                      Arising Out of PS. Case No.-99 Year-2025 Thana- SALAIYA District- Aurangabad
                 ======================================================
           1.     Krishna Bhuiyan S/o Raj Kumar Bhuiyan R/o vill - Tetariya, P.s.- Salaiya,
                  Distt.-Aurangabad
           2.    Nandlal Bhuiyan @ Nand Lal Rikyasan S/o Naresh Bhuiyan @ Naresh
                 Rikyasan R/o vill - Tetariya, P.s.- Salaiya, Distt.-Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bindeshwar Prasad Singh, Advocate
                 For the Opposite Party/s :        Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   20-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners seek regular bail in a case registered

                   under Sections 329(4), 191(2), 190, 115(2), 352, 351(2) and

                   103(1) of the B.N.S.

                                3. As per prosecution case, on the alleged date of

                   occurrence, the accused persons including petitioners entered

                   the house of informant, abused, thrashed and dragged her father-

                   in-law from the house, took him towards the hill and killed him.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have been falsely implicated in this

                   case. Although the petitioners are named in the F.I.R. but from
Patna High Court CR. MISC. No.696 of 2026(3) dt.20-02-2026
                                            2/3




          perusal of the F.I.R., it appears that there is no specific

          allegation of any assault or overt act against them rather there is

          general and omnibus allegation against all accused persons

          including petitioners. After investigation, the charge sheet has

          already been submitted and there is no chance of absconding of

          the petitioners or tampering with the evidence. Similarly

          situated co-accused persons have already been granted bail by a

          coordinate Bench of this Court vide order dated 29.01.2026

          passed in Cr.Misc. No.5455 of 2026. Petitioners are in jail since

          13.10.2025 having no criminal antecedent and they undertake to

          cooperate in the trial.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioners.

                       6. Considering the facts and circumstances of the case

          and the facts that similarly situated co-accused persons have

          already been granted bail by a coordinate bench of this Court,

          no specific allegation is attributed to the petitioners, having

          clean antecedent and the period of custody undergone by them,

          let the above named petitioners be released on bail on furnishing

          bail bonds of Rs.10,000/- (rupees ten thousand) each with two

          sureties of the like amount each to the satisfaction of learned

          C.J.M., Aurangabad/concerned court in connection with Salaiya
           Patna High Court CR. MISC. No.696 of 2026(3) dt.20-02-2026
                                                       3/3




                     P.S. Case No.99 of 2025 with 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 bonds shall be cancelled by the Court below.

                                  (ii) If the petitioners tamper with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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