Patna High Court
Bigu Bhar @ Bigu RajbharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners were accused of assaulting an informant who was driving a tractor during a Durga Puja immersion ceremony on 13 October 2024, allegedly using sticks, swords, axes and iron pipes, causing serious injuries. They filed an anticipatory bail application, contending that the allegations were general and omnibus with no specific overt act attributed to them, and that they have clean antecedents except one co‑accused who is on bail. The State opposed the bail, citing offences under Sections 126(2), 115(2), 109, 118(1) and 3(5) of the Bharatiya Nyaya Sanhita. The Court noted the lack of specific allegations against the petitioners and the precedent of anticipatory bail granted to a similarly situated co‑accused in Cr. Misc. No. 91876 of 2025. Accordingly, the Court allowed anticipatory bail, directing the petitioners to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when the allegations against the accused are general and omnibus without specific overt acts.
- Whether the precedent of bail granted to a co‑accused in a similar case warrants granting bail to the petitioners.
- Whether the offences under the Bharatiya Nyaya Sanhita justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5)
Subjects
- anticipatory bail
- general allegation
- omnibus allegation
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12367 of 2026
Arising Out of PS. Case No.-353 Year-2024 Thana- HUSSAINGANJ District- Siwan
======================================================
1. Bigu Bhar @ Bigu Rajbhar S/O Kailash Bhar R/O Village- Khanpur
Khairati, P.S- Hussainganj, Distt.- Siwan.
2. Mahesh Sah @ Mahesh Kumar Sah S/O Parmatma Sah R/O Village-
Khanpur Khairati, P.S- Hussainganj, Distt.- Siwan.
3. Lakhan Sah @ Lakhan Kumar S/O Sampat Sah R/O Village- Khanpur
Khairati, P.S- Hussainganj, Distt.- Siwan.
4. Rajveer Bhar @ Rajveer Rajbhar @ Chahetu S/O Bigu Bhar @ Bigu
Rajbhar R/O Village- Khanpur Khairati, P.S- Hussainganj, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Irshad Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109,
118(1), 3(5) of the Bharatiya Nyaya Sanhita.
3. The case of the prosecution, in short, is that the
informant had gone to drive a tractor at the Durga Puja
immersion ceremony in Husain Ganj on 13.10. 2024 at around 9
PM. All the F.I.R. named accused persons, including these
petitioners and three or four other people from the same village,
Patna High Court CR. MISC. No.12367 of 2026(2) dt.24-02-2026
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while creating a disturbance, verbally abused the informant,
dragged him from the tractor, and beat him with sticks, swords,
axes, and iron pipes, injuring his head and leaving him covered
in blood. People present at the fair saved the informant’s life and
took him to the Husain Ganj health centre for treatment. After
first aid, the informant was immediately referred to the Sadar
Hospital, Siwan.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus and there is no
allegation of any specific overt act against these petitioners.
Petitioner no. 3 has got one criminal antecedent in which he is
on bail and rest of the petitioners claim clean antecedent.
Submitted that similarly situated co-accused person has already
been granted anticipatory bail by co-ordinate Bench of this
Court vide order dated 15.01.2026 passed in Cr. Misc. No.
91876 of 2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the general and omnibus allegation
against these petitioners, this anticipatory bail is allowed and it
is ordered that let the above named petitioners in the event of
Patna High Court CR. MISC. No.12367 of 2026(2) dt.24-02-2026
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their arrest/surrender before the court below within a period of
eight weeks from today, 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 1 st Class
Magistrate, Siwan in connection with Hussainganj P. S. Case
No. 353 of 2024, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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