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Patna High Court

Rajeev KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.15468 of 2026(3) dt.29-04-2026
                                            3/4




          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
             Patna High Court CR. MISC. No.15468 of 2026(3) dt.29-04-2026
                                                         4/4




                       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/-

U        T


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