Patna High Court
Rishu Kumar @ Rishu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 74
- Criminal Procedure Code (Cr.P.C.) — s. 438(2), 482(2)
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
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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
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