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Patna High Court

Ramakant Patel @ Ramakant Chaudhary @ Ramakant MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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