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Patna High Court

Kaushalya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted where the allegations against the petitioners are merely omnibus and not specific, subject to the conditions prescribed under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioners, comprising Kaushalya Devi and several of her sons, sought anticipatory bail after an FIR was lodged by Vickey Kumar alleging a land‑related assault in which a sword blow caused injuries. The FIR, registered under sections 126(2), 115(2) and 118(1) of the Bihar Negotiable Substances Act (equivalent to IPC sections 341, 323, 324, 504 and 34), named all the petitioners, but the informant’s narrative focused on an assault by Chandan Kumar. The petitioners argued that the allegations against them were merely omnibus and that some of them were minors or students with no direct involvement. The State opposed bail, contending that the injuries could have been fatal if not promptly addressed. The court, agreeing with the petitioners’ counsel, held that the lack of specific allegations against the other accused justified granting anticipatory bail, subject to conditions under Section 438(2) of the Cr.P.C. Consequently, the court ordered anticipatory bail for each petitioner with a Rs.10,000 bond, two sureties, and a set of compliance conditions for a period of four weeks.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) Cr.P.C. when the FIR contains only omnibus allegations against the petitioners.
  • Whether the petitioners can be held liable under the specific sections of the B.N.S. and the corresponding IPC provisions.

Legislation cited

Subjects

  • anticipatory bail
  • omnibus allegation
  • land dispute
  • assault
  • Section 438
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17499 of 2026
                       Arising Out of PS. Case No.-206 Year-2025 Thana- PANDARAK District- Patna
                 ======================================================
           1.     Kaushalya Devi W/o Chandrashekhar Prasad @ Chandrashekhar Saw R/o
                  Village - Rasulla, P.S - Pandarak, District - Patna
           2.    Chandrashekhar Prasad @ Chadrashekhar Saw S/o Suwa Saw R/o Village -
                 Rasulla, P.S - Pandarak, District - Patna
           3.    Munga Kumar S/o Chandrashekhar Prasad @ Chandrashekhar Saw R/o
                 Village - Rasulla, P.S - Pandarak, District - Patna
           4.    Rocy Kumar S/o Chandrashekhar Prasad @ Chandrashekhar Saw R/o
                 Village - Rasulla, P.S - Pandarak, District - Patna
           5.    Ravi Kumar S/o Chandrashekhar Prasad @ Chandrashekhar Saw R/o
                 Village - Rasulla, P.S - Pandarak, District - Patna
           6.    Vickky Kumar S/o Chandrashekhar Prasad @ Chandrashekhar Saw R/o
                 Village - Rasulla, P.S - Pandarak, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Anjana, Advocate .
                 For the Opposite Party/s :       Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   25-03-2026                  Heard the parties.

                                2. The petitioner is apprehending arrest in connection

                   with Pandarak P.S. Case No.206/25, registered U/S 126(2),

                   115(2),118(1).352.         3(5)     of     the    B.N.S.      equivalent        to

                   341/323/324/504/34 of the I. P. C. lodged on 16.11.2025 by the

                   informant, Vickey Kumar.
Patna High Court CR. MISC. No.17499 of 2026(2) dt.25-03-2026
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                       3. As per the FIR, the informant alleged that after

          abuse, the accused persons resorted to assault and Chandan

          Kumar gave sword blow causing injury to the informant on his

          thumb. When the brother came to rescue, again the sword blow

          was given which resulted into some injury. The dispute is land

          related this led to the FIR.

                       4. Learned counsel for the petitioner submits that

          omnibus allegation has been made against all the accused

          persons including the petitioner no.1 who is the lady. At best,

          the allegation is made against Chandan Kumar and not against

          these petitioners, some of whom are 19 years/21 years/students.

                       5. The informant is appearing and he has opposed the

          bail submitting that but for the timely movement, the injuries

          may have been fatal.

                       6. Considering the submissions of the parties, this

          Court is in line with the submission of learned counsel for the

          petitioners that at best the allegation is against Chandan Kumar

          of assault, omnibus allegation against other accused, in that

          background, this Court is inclined to extend them the privilege

          of anticipatory bail.

                       7. Let the petitioners be released on bail, in the event

          of their arrest or surrender before the concerned court within a
Patna High Court CR. MISC. No.17499 of 2026(2) dt.25-03-2026
                                            3/4




          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

          of the like amount each in connection with Pandarak P.S. Case

          No.206/25 to the satisfaction of learned A.C.J.M.-1st, Barh,

          Patna subject to the conditions as laid down under Section

          438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) The petitioners shall be appearing before the

          police station as and when required for cooperating in the

          investigation;

                       (iii) the petitioners 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

          cancellation of their bail bond by the Trial Court itself;

                       (iv) the petitioners 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;

                       (v) the petitioners shall desist from committing any
             Patna High Court CR. MISC. No.17499 of 2026(2) dt.25-03-2026
                                                         4/4




                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of their bail bonds.




                                                      (Rajiv Roy, J)
Ravi/-

U        T


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