Patna High Court
Ramchandra PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted because the allegations against the petitioner were general and omnibus and he possessed clean antecedents, allowing the court to exercise its inherent powers under Section 482(2).
Summary
The petitioner, Ramchandra Pandit, sought anticipatory bail fearing arrest in a case involving offences under Sections 341, 323, 307, 354, 324, 504, 506 and 34 of the IPC. The prosecution alleged that co‑accused entered the informant's house and assaulted her and her family with an iron rod, and that the petitioner was part of the group. The petitioner contended that the FIR contains only a general, omnibus allegation of assault against him and that no specific overt act is ascribed to him, further emphasizing his clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court, considering the lack of specific accusation against the petitioner and his clean record, exercised its inherent powers under Section 482(2) of the CrPC and granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs.10,000 with two sureties. The order is subject to the satisfaction of the Chief Judicial Magistrate, Begusarai.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains only a general and omnibus allegation against the petitioner
- Whether the petitioner’s clean antecedents justify the grant of anticipatory bail
- Whether the court can enlarge bail under Section 482(2) of the Code of Criminal Procedure
Legislation cited
- Code of Criminal Procedure — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 354, 504, 506
Subjects
- anticipatory bail
- general and omnibus accusation
- clean antecedents
- Section 482
- High Court
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1062 of 2026
Arising Out of PS. Case No.-195 Year-2022 Thana- BALIYA District- Begusarai
======================================================
Ramchandra Pandit S/o Doman Pandit R/o Village - Rahua Ward No. 4, P.S -
Sahebpur Kamal, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sandip Kumar Gautam, Advocate
For the State : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 341, 323,
307, 354, 324, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that on
20.07.2022, co-accused Nitish Kumar entered into house of
informant and tried to outrage her modesty. It is further alleged
that thereafter, all the F.I.R. named accused persons, including
this petitioner, came and assaulted informant and her family
members with iron rod.
Patna High Court CR. MISC. No.1062 of 2026(2) dt.28-01-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of overt act is against other co-
accused persons. So far as this petitioner is concerned, there is
general and omnibus allegation of assault and no specific
accusation of overt act has been alleged against him. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Begusarai in connection with Baliya P.S. Case No. 195 of 2022,
Patna High Court CR. MISC. No.1062 of 2026(2) dt.28-01-2026
3/3
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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