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Patna High Court

Rahul Kumar @ Rahul SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the general nature of the allegations, minor injuries, clean antecedents of the petitioners, and parity with a co‑accused already granted anticipatory bail, anticipatory bail should be granted under Section 482(2).

Summary

The petitioners, a group of sixteen individuals from Mahdeva village, sought anticipatory bail fearing arrest in a case alleging assault on an informant and his family. The prosecution alleged that on 06-02-2024 the petitioners participated in an assault, charging them under multiple sections of the B.N.S. and Section 27 of the Arms Act. The petitioners contended they were innocent, stating the incident was a mutual free fight during Saraswati Puja, with only minor injuries and no specific overt act attributed to them. They highlighted their clean antecedents and pointed out that a co‑accused, Shivam, had already been granted anticipatory bail in a similar case. The State opposed the bail, but the court noted the general and omnibus nature of the accusations, the minor injuries, and the principle of parity. Consequently, the court granted anticipatory bail, directing each petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted despite the general and omnibus nature of the accusations.
  • Whether the minor nature of alleged injuries and the petitioners' clean antecedents justify bail.
  • Whether parity with a co‑accused who received anticipatory bail mandates the same relief.

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 305, 329(4), 351(2), 352, 74
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • general allegations
  • assault
  • clean antecedents
  • parity
  • Section 482
  • criminal procedure
  • bail bond

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.12805 of 2026

      Arising Out of PS. Case No.-27 Year-2025 Thana- TARIYANI CHOWK District- Sheohar
     ======================================================
1.   Rahul Kumar @ Rahul Singh S/O Dinesh Singh R/o Village- Mahdeva, P.S-
     Tariyani, District-Sheohar
2.   Pavan Singh @ Pavan Kumar S/o Naresh Singh R/o Village- Mahdeva, P.S-
     Tariyani, District- Sheohar
3.   Anshu Kumar @ Aashu Kumar S/o Kameshwar Singh R/o Village-
     Mahdeva, P.S- Tariyani, District- Sheohar
4.   Krishankant Kumar @ Kishankant Kumar S/o Shatrudhan Singh R/o
     Village- Mahdeva, P.S- Tariyani, District- Sheohar
5.   Chotu Kumar @ Kishan Pratap @ Krishna Pratap Singh S/o Ganga Pratap
     Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar
6.   Nitish Kumar S/o Late Ram Sevak Singh R/o Village- Mahdeva, P.S-
     Tariyani, District- Sheohar
7.   Aditya Kumar S/o Pappu Singh R/o Village- Mahdeva, P.S- Tariyani,
     District- Sheohar
8.   Akash Kumar Singh @ Akash S/o Srinarayan Singh R/o Village- Mahdeva,
     P.S- Tariyani, District- Sheohar
9.   Bharat @ Bharat Singh @ Bharat Prasad Singh S/o Bijali Singh R/o Village-
     Mahdeva, P.S- Tariyani, District- Sheohar
10. Prince @ Prince Singh S/o Pappu Singh R/o Village- Mahdeva, P.S-
    Tariyani, District- Sheohar
11. Vikas @ Vikas Kumar S/o Srinarayan Singh R/o Village- Mahdeva, P.S-
    Tariyani, District- Sheohar
12. Kishan Kumar @ Krishna @ Krishan Kumar S/o Shatrudhan Singh R/o
    Village- Mahdeva, P.S- Tariyani, District- Sheohar
13. Ajay Singh @ Ajay Kumar Singh S/o Ram Pukar Singh R/o Village-
    Mahdeva, P.S- Tariyani, District- Sheohar
14. Malkhan Singh @ Kesharinandan S/o Ganga Singh R/o Village- Mahdeva,
    P.S- Tariyani, District- Sheohar
15. Shivam Kumar @ Kesharinandan S/o Ganga Singh @ Ajay Singh R/o
    Village- Mahdeva, P.S- Tariyani, District- Sheohar
16. Vishal Kumar S/O Shankar Singh R/o Village- Mahdeva, P.S- Tariyani,
    District- Sheohar

                                                                     ... ... Petitioner/s
                                          Versus

     The State of Bihar
         Patna High Court CR. MISC. No.12805 of 2026(2) dt.23-04-2026
                                                     2/4




                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Mritunjay Kumar Singh, Advocate
                 For the State           :        Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 191(2),

                   191(3), 190, 329(4), 126(2), 115(2), 74, 305, 109, 352 and

                   351(2) of the B.N.S. and Section 27 of the Arms Act.

                                3. As per prosecution case, it is alleged that on

                   06.02.2024, all the F.I.R. named accused persons, including

                   these petitioners, came, abused and assaulted informant and his

                   family members.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that petitioners are quite innocent and

                   have committed no offence. As a matter of fact, on the eve of

                   Saraswati Puja, a free fight took place between the parties in

                   which both sides sustained injuries. There is case and counter-

                   case. Allegation of assault is general and omnibus and no

                   specific accusation of any overt act has been alleged against
Patna High Court CR. MISC. No.12805 of 2026(2) dt.23-04-2026
                                            3/4




          these petitioners. Doctor has found the injuries, allegedly caused

          by these petitioners, simple in nature. It is lastly submitted that

          co-accused Shivam, having similar and identical allegations, has

          already been granted the privilege of anticipatory bail by this

          Hon’ble Court vide order dated 04.02.2026 passed in Cr. Misc.

          No. 6170 of 2026. Petitioners claim clean antecedents.

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

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case, nature of injuries allegedly caused by these

          petitioners, claim based on parity and clean antecedents of the

          petitioners, the prayer for grant of anticipatory bail to the

          petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners 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 Chief Judicial

          Magistrate, Sheohar in connection with Tariyani P.S. Case No.
             Patna High Court CR. MISC. No.12805 of 2026(2) dt.23-04-2026
                                                         4/4




                       27 of 2025, subject to condition as laid down under Section

                       482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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