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Patna High Court

Anju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed anticipatory bail, holding that general and omnibus allegations do not preclude the grant of bail under Section 482(2).

Summary

The petitioners, six residents of Sareya Baduraha, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for an alleged assault on an informant’s house on 14 July 2025. The prosecution alleged that the co‑accused Ashutosh Kumar assaulted the informant with an iron rod, but the petitioners were only named in a general, omnibus manner with no specific overt act attributed to them. The petitioners argued they were innocent, with some having clean antecedents and others on bail for a prior case. The State opposed the bail, contending the seriousness of the offences. The Court held that a general allegation without specific participation does not justify denial of bail and granted anticipatory bail, subject to a bond of Rs 10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted when the accusation against the petitioners is general and omnibus without specific overt acts.
  • Whether the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permit the enlargement of bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • general allegation
  • omnibus charge
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • criminal procedure
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12769 of 2026
                     Arising Out of PS. Case No.-206 Year-2025 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
           1.     Anju Devi Wife of Jitendra Rai Resident of Village- Sareya Baduraha, PS-
                  Dumariaghat, District- East Champaran
           2.    Rita Devi Wife of Harendra Rai Resident of Village- Sareya Baduraha, PS-
                 Dumariaghat, District- East Champaran
           3.    Jitendra Rai Son of Late Kanti Rai Resident of Village- Sareya Baduraha,
                 PS- Dumariaghat, District- East Champaran
           4.    Harendra Rai Son of Late Kanti Rai Resident of Village- Sareya Baduraha,
                 PS- Dumariaghat, District- East Champaran
           5.    Pramod Rai Son of Late Kanti Rai Resident of Village- Sareya Baduraha,
                 PS- Dumariaghat, District- East Champaran
           6.    Mamita Kumari @ Mamita Devi Wife of Pramod Rai Resident of Village-
                 Sareya Baduraha, PS- Dumariaghat, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arun Kumar, Advocate
                 For the Opposite Party/s :      Mr. Brajendra Nath Pandey, A.P.P.
                 For the Informant        :      Mr. Abhishek Kumar, Mr. Hemant Ray, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioners, informant

                   and the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 191(2), 126(2), 115(2),

                   118(1), 76, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, on 14.07.2025 at about 7

                   PM, all the F.I.R. named accused persons, including these

                   petitioners, entered the house of informant and assaulted
Patna High Court CR. MISC. No.12769 of 2026(2) dt.24-02-2026
                                            2/3




          informant and his family members. Co-accused Ashutosh

          Kumar is alleged to have assaulted on the head of informant

          with iron rod.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence.

          Specific accusation of assault with iron rod is against co-

          accused Ashutosh Kumar. So far, these petitioners are

          concerned, allegation against them is general and omnibus and

          there is no allegation of any specific overt act against them.

          Petitioner nos. 1, 2 & 6 claim clean antecedent and petitioner

          nos. 3, 4 & 5 have got one criminal antecedent in which they are

          on bail.

                       5. Learned A.P.P. for the State as well as learned

          counsel for the informant 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

          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 Judicial Magistrate,
              Patna High Court CR. MISC. No.12769 of 2026(2) dt.24-02-2026
                                                          3/3




                        1st Class, East Champaran, Motihari in connection with

                        Dumariaghat P. S. Case No. 206 of 2025, 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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