Patna High Court
Bhura Dom @ Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, four members of the Dom community, sought anticipatory bail fearing arrest in a 2017 case (PS No.726) involving alleged offences under multiple sections of the Indian Penal Code, including rioting, assault, robbery and murder. The prosecution alleged that on 14 October 2017 the accused forcibly entered a house, looted valuables, threatened the family with pistols and a sword, and assaulted persons who arrived later. The petitioners contended that the allegations against them were vague, that no specific charge of assault or possession of weapons was made against them, and highlighted their clean antecedents and the fact that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the relief. Considering the general nature of the allegations and the petitioners’ clean record, the Court inclined to grant anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S., 2023, including a bail bond, sureties, and compliance with procedural and conduct requirements.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the general nature of the allegations against them
- Whether the presence of clean antecedent and lack of specific allegations justify granting anticipatory bail
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 380, 427, 448, 504, 506
Subjects
- anticipatory bail
- general allegations
- clean antecedent
- Section 482
- Indian Penal Code
- bail conditions
- Jehanabad case
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17661 of 2026
Arising Out of PS. Case No.-726 Year-2017 Thana- JAHANABAD District- Jehanabad
======================================================
1. Bhura Dom @ Vikram Kumar S/o Dharmendra Dom R/o Mohalla -
Ambedkar Nagar, P.S and District - Jehanabad
2. Bhuali Dom @ Sagar Kumar S/o Dharmendra Dom R/o Mohalla -
Ambedkar Nagar, P.S and District - Jehanabad
3. Dharmendra Dom @ Dhodhi Dom S/o Late Bhuletan Dom R/o Mohalla -
Ambedkar Nagar, P.S and District - Jehanabad
4. Azad Dom S/o Late Bhuletan Dom R/o Mohalla - Ambedkar Nagar, P.S and
District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Adv.
For the Opposite Party/s : Mr. Choubey Jawahar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Jehanabad P.S. Case No. 726 of 2017, F.I.R
dated 23.10.2017 registered for the offences punishable under
Section 147, 148, 149, 323, 324, 341, 448, 380, 427, 504, 506
and 307 of IPC.
3. As per the prosecution case, on 14.10.2017 between
4–5 PM, when the informant was at home with her daughters
and son-in-law, all the accused persons, including the
petitioners, forcibly entered her house, some climbing to the
roof, and began looting. Certain accused persons were armed
with pistols and threatened to shoot family members, while one
Patna High Court CR. MISC. No.17661 of 2026(2) dt.25-03-2026
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accused attempted to attack the informant with a sword, which
she narrowly escaped. The accused allegedly broke open a
locker and a box, looting total of Rs.1,00,000/- along with
ornaments. When nearby persons arrived upon hearing the
alarm, they were also assaulted by the accused persons, who
then fled from the place of occurrence.
4. Learned counsel for the petitioners submits that
allegation against these petitioners appears general and omnibus
in nature. It is further submitted that there is no specific
allegation against these petitioners to assault informant as well
as her family members and apart from that petitioners were not
seen having any arms in their hands. It is submitted that
similarly situated co-accused persons have already granted
anticipatory bail from the learned Co-ordinate Bench of this
Court through Cr. Misc. No. 73616 of 2018 dated 20.12.2018.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
as allegation appears general and omnibus against these
petitioners, who are men of clean antecedent. Accordingly, this
Court is inclined to grant anticipatory bail to the petitioners.
7. Let the petitioners, above named, be released on
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anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned CJM, Jehanabad in connection with Jehanabad P.S. Case
No. 726 of 2017 subject to the condition as laid down under
Section 482(2) of the B.N.S.S., 2023 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
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.)
S.Tripathi/-
U T
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