Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to petitioners 2, 3, 4 and 5 subject to the stipulated conditions.
Summary
Petitioner No.1 withdrew his anticipatory bail application after being taken into judicial custody. Petitioners No.2, 3, 4 and 5 feared arrest in connection with FIR No.65/2025 alleging offences under the Bharatiya Nyaya Sanhita, 2023, including assault, robbery and arson. The prosecution alleged that the petitioners, along with 20‑25 unknown persons, attacked the informant, looted property and set a mill on fire. The petitioners claimed innocence and argued that the allegations were general and omnibus with no prior criminal record. The Court, after considering the submissions of counsel and the informant, granted anticipatory bail to petitioners 2‑5 subject to a bail bond of Rs.10,000, two sureties and several conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to petitioners 2‑5 despite general and omnibus allegations.
- Whether the conditions imposed under Section 438 CrPC and Section 482 Bhartiya Nagarik Suraksha Sanhita are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 190, 191(2), 191(3), 303(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bharatiya Nyaya Sanhita
- criminal offences
- bail conditions
- general and omnibus allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15468 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- Chakia District- Begusarai
======================================================
1. Rajeev Kumar S/o Late Gareeb Prasad @ Garib Yadav R/o Village-
Bariyahi, Police Station- Chakia, District - Begusarai
2. Bholu Kumar @ Ankit Kumar S/o Rajeev Kumar R/o Village- Bariyahi,
Police Station- Chakia, District - Begusarai
3. Sikandra Yadav @ Shiv Shankar Yadav @ Shivshankar Yadav S/o Late
Ramchandra Gop @ Ramchandra Yadav @ Ramchandu Yadav R/o Village-
Bariyahi, Police Station- Chakia, District - Begusarai
4. Arun Yadav S/o Late Ramchandra Gop @ Ramchandra Yadav @
Ramchandu Yadav R/o Village- Bariyahi, Police Station- Chakia, District -
Begusarai
5. Manisha Kumar Yadav @ Manish Kumar @ Manish Kumar S/o Sikandra
Yadav @ Shiv Shankar Yadav @ Shivshankar Yadav R/o Village- Bariyahi,
Police Station- Chakia, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
For the Informant : Mr. Kumar Binode Bariar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 29-04-2026 Heard the learned counsel for the petitioners, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. At the outset, learned counsel for the petitioners
submits that during the pendency of the instant anticipatory bail
application, the petitioner no. 1 has been taken under judicial
custody and therefore the learned counsel for the petitioners
prays for withdrawal of the anticipatory bail application in
Patna High Court CR. MISC. No.15468 of 2026(3) dt.29-04-2026
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respect of petitioner no. 1.
3. Permission is accorded.
4. The anticipatory bail application of the petitioner
no. 1 is dismissed as withdrawn.
5. The petitioner nos. 2,3,4 and 5 are apprehending
their arrest in connection with Chakia P.S. Case No. 65/2025
F.I.R dated 01.10.2025 registered for the offences punishable
under Sections 191(2), 191(3), 190, 115(2), 126(2), 303(2) of
the Bharatiya Nyaya Sanhita, 2023.
6. According to prosecution case, the petitioners along
with 20-25 unknown persons armed with weapons are alleged to
have assaulted and threatened the informant and looted articles
and cash and thereafter set the mill on fire by sprinkling petrol.
7. Learned counsel for the petitioners submits that the
petitioners are innocent and has falsely been implicated in this
case. There is general and omnibus allegation against the
petitioners. The petitioners have got no criminal antecedent as
stated in para. 3 of the bail petition.
8. Learned APP for the State opposes the prayer for
anticipatory bail application. Learned counsel for the informant
on the other hand appeared suo moto and submitted that the
petitioner no. 1 is the person behind all the incident. The
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specific allegation of causing fire is against the petitioner no. 5
9. Considering the aforesaid facts and circumstances
that there is general and omnibus allegation against the
petitioner nos. 2,3,4 and 5. Accordingly, this Court is inclined to
grant the privilege of anticipatory bail to the petitioner nos.
2,3,4 and 5.
10. Let the petitioner nos. 2,3,4 and 5, above named,
in the event of their arrest or surrender before the Court below
within a period of thirty days from the date of receipt of the
order, be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Begusarai
in connection with Chakia P.S. Case No. 65/2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
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cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
atul/-
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