Patna High Court
Sattar @ SattoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail as the specific charge is against another co‑accused and the allegation against them is only general.
Summary
The petitioners, six brothers from Muraballa village, applied for pre‑arrest bail in a case (Barhara Kothi PS Case No. 254 of 2025) alleging offences under several sections of the Bihar Non‑Specific (BNS) Act. The FIR alleged a common intention to kill the informant’s elder brother, but the specific charge of assault causing grievous injury was directed at a co‑accused, Md. Saddam. Both the informant’s counsel and the State’s APP agreed that the specific allegation was against the co‑accused, while the petitioners faced only a general, omnibus allegation. The court examined whether such a general allegation sufficed to deny bail and considered the applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS. Finding that the petitioners had only a prima facie case for bail, the court ordered their release on pre‑arrest bail subject to bond and surety conditions, and directed verification of any other criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite only a general and omnibus allegation against them.
- Whether the specific allegation of assault against a co‑accused precludes bail for the petitioners.
- Whether the nature of the injury (grievous) influences the grant of bail.
- Application of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting pre‑arrest bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- general allegation
- omnibus allegation
- common intention
- grievous injury
- Section 438 CrPC
- Section 482 BNSS
- BNS offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15135 of 2026
Arising Out of PS. Case No.-254 Year-2025 Thana- BARHARA KOTHI District- Purnia
======================================================
1. Sattar @ Satto Son of Late Fekan R/o Village - Muraballa, P.S. - Barhara
Kothi, Dist. - Purnea.
2. Md. Akbar Son of Md. Sattar R/o Village - Muraballa, P.S. - Barhara Kothi,
Dist. - Purnea.
3. Md. Lalo Son of Md. Sattar R/o Village - Muraballa, P.S. - Barhara Kothi,
Dist. - Purnea.
4. Md. Mazid Son of Md. Sattar R/o Village - Muraballa, P.S. - Barhara Kothi,
Dist. - Purnea.
5. Md. Ismail Son of Md. Sattar R/o Village - Muraballa, P.S. - Barhara Kothi,
Dist. - Purnea.
6. Md. Aabid Son of Md. Satttar R/o Village - Muraballa, P.S. - Barhara Kothi,
Dist. - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Pandey, Advocate.
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP.
For the informant : Mr. Uday Chand Prasad, Advocate.
Mr. Manoj Kumar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP for the State and learned counsel for the
informant.
2. The petitioners seek pre-arrest bail in connection
with Barhara Kothi P.S. Case No. 254 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 303(2),
351(2), 352 and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., the
Patna High Court CR. MISC. No.15135 of 2026(2) dt.25-03-2026
2/3
petitioners with a common intention to kill the elder brother of
the informant assaulted him causing injury.
4. Learned counsel appearing on behalf of the
petitioners submitted that from the perusal of the F.I.R., it would
appear that there is general and omnibus allegation against the
petitioners. Specific allegation of having assaulted the elder
brother of the informant causing grievous injury is against the
co-accused Md. Saddam.
5. Mr. Manoj Kumar, learned counsel has tendered his
appearance on behalf of the informant and too agrees that the
specific allegation is against co-accused Md. Saddam of having
assaulted the elder brother of the informant and injury is
grievous in nature. He further submitted that the complicity of
these petitioners cannot be denied that the petitioners with a
common intention to kill the informant and his brother had
participated in the incidence.
6. Learned APP for the State has also supported the
argument advanced on behalf of the informant.
7. Having heard the rival submissions made on behalf
of the parties and having perused the allegation made in the
F.I.R., I find that the injury sustained by the brother of the
informant is grievous in nature and specific allegation of assault
Patna High Court CR. MISC. No.15135 of 2026(2) dt.25-03-2026
3/3
is against co-accused Md. Saddam, in view of the general and
omnibus allegation against the petitioners, I find that the
petitioners have, prima facie, made out a case to be released on
pre-arrest bail.
8. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their 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 CJM, Purnea in connection with Barhara
Kothi P.S. Case No. 254 of 2025, subject to the condition as laid
down under Section 438(2) Cr.P.C / 482(2) BNSS.
9. The 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
Para-3 of the bail petition, this order will automatically lose its
force.
10. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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