Patna High Court
Ramakant Patel @ Ramakant Chaudhary @ Ramakant MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that where the allegations are vague, general and omnibus and there is a case‑and‑counter‑case, anticipatory bail may be granted under Section 482(2) of the CrPC.
Summary
The petitioners, four members of the Patel family, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 74, 109, 191 and 190 of the Indian Penal Code relating to an alleged assault over a land dispute. The prosecution alleged that the petitioners participated in forcibly dispossessing an informant from her land, while the petitioners contended that the incident was a simple fight with injuries on both sides and that the accusations were vague and omnibus. The State opposed the grant of anticipatory bail. The Court examined the nature of the allegations, noting the lack of specific overt acts attributed to the petitioners and the existence of a case‑and‑counter‑case. Relying on Section 482(2) of the Criminal Procedure Code, the Court allowed the petition for anticipatory bail, directing that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each, if arrested within eight weeks. The order was made subject to the conditions prescribed by the learned Judicial Magistrate.
Issues considered
- Whether anticipatory bail can be granted when the accusations are general, omnibus and lack specific allegation of overt acts.
- Whether the petitioners can be held liable under the alleged IPC offences based on the facts presented.
- Whether Section 482(2) of the Criminal Procedure Code empowers the High Court to grant anticipatory bail in such circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109, 115, 126, 190, 191, 74
Subjects
- anticipatory bail
- land dispute
- assault
- general and omnibus accusation
- Section 482 CrPC
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1088 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- BHAIROGANJ District- West Champaran
======================================================
1. Ramakant Patel @ Ramakant Chaudhary @ Ramakant Mandal Son of Late
Lalparikhan Patel Resident of Ward No. 4, Village- Shivrajpur, Padarkhap
Panchayat, P.S.- Bhairoganj, Bagaha, District - West Champaran.
2. Prabhakar Patel @ Prbhakar Patel Son of Ramakant Patel @ Ramakant
Chaudhary @ Ramakant Mandal, Resident of Ward No. 4, Village-
Shivrajpur, Padarkhap Panchayat, P.S.- Bhairoganj, Bagaha, District - West
Champaran.
3. Diwakar Patel Son of Ramakant Patel @ Ramakant Chaudhary @ Ramakant
Mandal Resident of Ward No. 4, Village- Shivrajpur, Padarkhap Panchayat,
P.S.- Bhairoganj, Bagaha, District - West Champaran.
4. Chandan Patel Son of Diwakar Patel Resident of Ward No. 4, Village-
Shivrajpur, Padarkhap Panchayat, P.S.- Bhairoganj, Bagaha, District - West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Vatsal Verma, Advocate
For the State : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 74, 109, 191 and 190 of the B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
assaulted informant’s side to forcibly disposes her from her
Patna High Court CR. MISC. No.1088 of 2026(2) dt.28-01-2026
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land.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, on account of
land dispute, simple maar-peet took place in which both sides
sustained injuries. There is case and counter-case. Allegation of
assault is general and omnibus and no specific accusation of
overt act has been alleged against these petitioners.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and case and
counter-case, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged 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 learned Judicial Magistrate 1 st
Class, Bagaha, West Champaran in connection with Bhairoganj
(Bagaha) P.S. Case No. 61 of 2025, subject to condition as laid
Patna High Court CR. MISC. No.1088 of 2026(2) dt.28-01-2026
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down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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