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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners.

Summary

The petitioners, three residents of Jamadar Tola, sought bail in a criminal case where they were alleged, along with other accused, to have assaulted Dharmanath Prasad with a lathi, causing injuries that led to his death. The prosecution charged them under several sections of the Indian Penal Code, including offences relating to disobedience, assault, and abetment. The petitioners argued that the allegations were general and omnibus, with no specific overt act attributed to them, and highlighted that the post‑mortem report showed only two injuries, casting doubt on the prosecution's case. The State opposed the bail, but the court noted the lack of specific evidence, the petitioners' clean antecedents, and the length of their custody. Consequently, the court granted bail, ordering each petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioners are entitled to bail despite being charged under multiple IPC sections for an alleged assault resulting in death
  • Whether the general and omnibus nature of the accusation and lack of specific overt acts justify granting bail

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • assault
  • omnibus accusation
  • clean antecedents
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11679 of 2026

                      Arising Out of PS. Case No.-228 Year-2025 Thana- CHOUTARWA District- West
                                                       Champaran
                 ======================================================
           1.    Pintu Kumar S/O Ramji Sah @ Ramjee Prasada R/O Village -Jamadar Tola
                 Siswa, Basantpur, P.S- Choutarwa, Dist.- West Champaran.
           2.    Deepu Kumar S/O Ramji Sah @ Ramjee Prasada R/O Village -Jamadar Tola
                 Siswa, Basantpur, P.S- Choutarwa, Dist.- West Champaran.
           3.    Raj Kumar S/O Pramod Sah @ Pramod Prasad R/O Village -Jamadar Tola
                 Siswa, Basantpur, P.S- Choutarwa, Dist.- West Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Milind Kumar Mishra, Advocate
                 For the State           :       Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-03-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners seek bail in a case registered for the

                   offence punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 329(3), 109, 103 and 352 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 one Dharmanath Prasad by means of lathi causing

                   head injury due to which he died during course of treatment.
Patna High Court CR. MISC. No.11679 of 2026(2) dt.11-03-2026
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                       4. It is submitted by learned counsel for the petitioners

          that petitioners are quite innocent and have committed no

          offence. Allegation of assault is general and omnibus and no

          specific accusation of overt act has been alleged against these

          petitioners. As per F.I.R., all 10 F.I.R. named accused persons,

          including these petitioners, are alleged to have assaulted the

          deceased, however, as per post mortem report, only two injuries

          were found on the body of the deceased, which itself makes the

          entire prosecution case doubtful. Moreover, charge-sheet has

          already been submitted and petitioners, having no criminal

          antecedents, are in custody since 15.10.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, materials

          available on record, period of custody and clean antecedents of

          the petitioners, the prayer for grant of bail to the petitioners is

          allowed.

                       7. Accordingly, let the above named petitioners 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 learned Additional Chief Judicial Magistrate-I,
             Patna High Court CR. MISC. No.11679 of 2026(2) dt.11-03-2026
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                       Bagaha, West Champaran in connection with Choutarwa P.S.

                       Case No. 228 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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