Created by Fuzzy Cloud

Patna High Court

Rishu Kumar @ Rishu RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail to the petitioner, subject to a bond and verification of criminal antecedent, as the allegations were general and omnibus.

Summary

The petitioner, Rishu Kumar, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 118(1), 109, 74, 352, 351(2) and 3(5) of the BNS, alleging assault on the informant's relatives. The District Court had rejected his anticipatory bail on the ground that he allegedly suppressed his criminal antecedent. The petitioner argued that the allegations against him were general and omnibus and that the specific assault charge pertained to co‑accused. The State opposed the bail. The High Court held that, given the nature of the allegations, the petitioner could be released on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and verification of any criminal antecedent, after which the order would lapse if antecedents were found. The bail application was therefore disposed of with the grant of pre‑arrest bail.

Issues considered

  • Whether a pre‑arrest bail can be granted when the allegations against the accused are general and omnibus and the specific charge of assault is directed at co‑accused.
  • Whether alleged suppression of criminal antecedent justifies denial of anticipatory bail.
  • Whether conditions under Section 438(2) Cr.P.C. / Section 482(2) BNS are satisfied for granting pre‑arrest bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • anticipatory bail
  • general and omnibus allegation
  • criminal antecedent
  • Section 438 Cr.P.C.
  • Section 482 Cr.P.C.
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12070 of 2026
                  Arising Out of PS. Case No.-274 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Rishu Kumar @ Rishu Ram S/O Suresh Ram R/O Village- Sarai Parauli, P.S-
                 Bhagwanpur Hat, Distt.- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Kumar, Advocate.
                 For the Opposite Party/s :      Mr.Sanjay Kumar Singh, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-03-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Bhagwanpur Hat P.S. Case No. 274 of 2025 registered for

                   the offence punishable under Sections 126(2), 115(2), 118(1),

                   109, 74, 352, 351(2) and 3(5) of the BNS.

                                3. As per the allegation made in the F.I.R., the accused

                   persons including the petitioner assaulted the daughter and niece

                   of the informant by means of knife causing injury to them.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the anticipatory bail of the petitioner

                   was rejected by the learned District Court on the ground that the

                   petitioner had suppressed criminal antecedent in the bail

                   application. On merits, learned counsel submitted that the
Patna High Court CR. MISC. No.12070 of 2026(2) dt.12-03-2026
                                            2/3




          petitioner is innocent and he has committed no offence as

          alleged in the F.I.R. The petitioner has been roped in this case

          merely on suspicion. The allegation against the petitioner is

          general and omnibus and specific allegation of assault is against

          other co-accused.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       6. Considering the nature of allegation made against

          the petitioner to be general and omnibus and specific allegation

          of assault is against other co-accused, the petitioner, above

          named, is directed to be released on pre-arrest bail, in the event

          of his arrest or surrender before the Court below within a period

          of four weeks from today, on furnishing bail bond of Rs.

          10,000/- (Ten thousand) with two sureties of the like amount

          each to the satisfaction of learned District Court where the case

          is pending in connection with Bhagwanpur Hat P.S. Case No.

          274 of 2025, subject to the condition as laid down under Section

          438(2) Cr.P.C / 482(2) BNSS.

                       7. The District Court is directed to verify the criminal

          antecedent of the petitioner and if it is found that the petitioner

          is involved in some other cases as what has been stated in Para-

          3 of the bail petition, this order will automatically lose its force.
           Patna High Court CR. MISC. No.12070 of 2026(2) dt.12-03-2026
                                                       3/3




                                  8. The bail application stands disposed of.



                                                               (Purnendu Singh, J)
mantreshwar/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.