Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
Since the specific charge of opening fire was against a co‑accused and only a general allegation was made against the petitioners who have clean antecedents, they are entitled to pre‑arrest bail under Section 482(2) of the BNSS.
Summary
The petitioners, Guddu Kumar and Nitish Kumar, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS, alleging that they, along with co‑accused Ritik Kumar, assaulted an informant and his family. The FIR specifically attributes the act of opening fire to Ritik Kumar, while only a general, omnibus allegation is made against the petitioners, who are students with clean antecedents. The State opposed the bail, but the Court noted the lack of specific incriminating allegation against the petitioners and their clean record. Relying on Section 482(2) of the BNSS, the Court held that the petitioners had made out a prima facie case for pre‑arrest bail. Accordingly, the petitioners were directed to be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of any other criminal antecedents by the District Court.
Issues considered
- Whether pre‑arrest bail can be granted when only a general allegation is levelled against the accused who have clean antecedents.
- Whether the specific allegation of opening fire against a co‑accused shields the petitioners from arrest.
- Whether Section 482(2) of the BNSS permits the grant of pre‑arrest bail in the present circumstances.
Legislation cited
Subjects
- pre‑arrest bail
- general allegation
- clean antecedents
- Section 482
- criminal procedure
- bail bond
- omnibus allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14452 of 2026
Arising Out of PS. Case No.-1156 Year-2025 Thana- SONEPUR District- Saran
======================================================
1. Guddu Kumar S/O Shailesh Ray, R/O Village -Sabalpur Mahuwabag
Batrouli, P.S-. Sonpur, Distt.- Saran at Chapra.
2. Nitish Kumar S/O Akhilesh Rai R/O Village -Sabalpur Mahuwabag
Batrouli, P.S-. Sonpur, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard Mr. Vijay Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Ram Sumiran Rai, learned
APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Sonepur P.S. Case No. 1156/2025 registered for the
offence(s) punishable under Sections 126(2), 115(2), 109, 352,
351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners with a common
intention to kill assaulted the informant and his family members,
causing injuries.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.14452 of 2026(2) dt.25-03-2026
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petitioner submitted that specific allegation of having opened
fire upon the informant is against co-accused Ritik Kumar.
General and omnibus allegation has been levelled against the
petitioners, who are students and have clean antecedents. On
these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that specific allegation of having
opened fire upon the informant is against co-accused Ritik
Kumar and general and omnibus allegation has been levelled
against the petitioners, who are having clean antecedents, I am
of the opinion that petitioners have, prima facie, made out a
case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M., Saran /
Concerned Court in connection with Sonepur P.S. Case No.
Patna High Court CR. MISC. No.14452 of 2026(2) dt.25-03-2026
3/3
1156/2025 subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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