Patna High Court

Prabhakar Ram @ Prabhakar KumarversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Prabhakar Ram, applied for regular bail in a case (Aandar P.S. Case No. 72 of 2025) involving multiple offences under the B.N.S. The prosecution alleged that the accused, including the petitioner, assaulted an informant and her family, leading to the informant's death. The petitioner contended that he was innocent, that the FIR contained only a general, omnibus accusation against him, and that the specific assault allegation was directed at other co‑accused. The court noted the lack of a specific charge against the petitioner, his clean criminal record, the parity with a co‑accused who had already been bailed, and the length of his custody since December 2025. Accordingly, the court granted regular bail on a bond of Rs. 10,000 with two sureties, releasing the petitioner.

Issues considered

Whether regular bail should be granted to the petitioner despite the general and omnibus nature of the accusation
Whether the petitioner’s clean antecedents and parity with a co‑accused already on bail justify bail

Legislation cited

B.N.S. — s. 103(1), 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352

Subjects

regular bail
omnibus accusation
parity principle
clean antecedents
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17203 of 2026
                        Arising Out of PS. Case No.-72 Year-2025 Thana- AANDAR District- Siwan
                 ======================================================
                 Prabhakar Ram @ Prabhakar Kumar Son of Suryadeep Ram @ Suryadip
                 Kumar Nirala Resident of village - Bharauli, P.S.- Aandar, Distt.- Siwan.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Ms. Kumari Anupam, Advocate
                 For the State           :        Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-04-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Aandar P.S. Case No. 72 of 2025 registered for the offences

                   punishable under Sections 126(2), 115(2), 118(1), 117(2), 109,

                   103(1), 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including this petitioner,

                   assaulted informant and her family members by means of kudal,

                   lathi, danda as a result of which, informant got some serious

                   injuries and died during course of treatment.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.
Patna High Court CR. MISC. No.17203 of 2026(2) dt.24-04-2026
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          As a matter of fact, both parties are gotiyas and due to land

          dispute between the parties, altercation took place in which both

          sides sustained injuries. There is case and counter case. From

          bare perusal of the F.I.R. it is apparent that specific accusation

          of assaulting informnat is against other co-accused persons. So

          far as this petitioner is concerned, there is general and omnibus

          allegation of assault and no specific accusation of overt act has

          been alleged against this petitioner. It is further submitted that

          co-accused Dewanand Ram, having similar and identical

          allegations, has already been granted bail by this Hon’ble Court

          vide order dated 11.03.2026 passed in Cr. Misc. No. 11633 of

          2026. Moreover, charge-sheet has already been submitted and

          petitioner, having no criminal antecedents, is in custody since

          24.12.2025.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, period of

          custody, claim based on parity and clean antecedents of the

          petitioner, the prayer for grant bail of to the petitioner is

          allowed.

                       7. Accordingly, let the above named petitioner be
             Patna High Court CR. MISC. No.17203 of 2026(2) dt.24-04-2026
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                       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 learned A.D.J.-III, Siwan in connection with

                       Aandar P. S. Case No. 72 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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