Patna High Court

Dilkhush RajversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The Court granted anticipatory bail to the petitioners, finding no specific charge against them in the FIR.

Summary

The petitioners, Dilkhush Raj and Kaushlendra Prasad, sought anticipatory bail fearing arrest in connection with Noorsarai Police Station Case No. 586 of 2025, which was registered under Sections 191(1), 190, 126(2), 115(2), 351(2) and 117(2) of the B.N.S. 2023. The FIR alleged that the accused, including the petitioners, beat an informant and Subelal Yadav, but the specific assault was attributed to co‑accused Pawan Kumar and Satyendra Yadav. The petitioners contended that no specific allegation was made against them and that the case was a retaliatory filing. The Court observed that the FIR contained only a general, omnibus allegation against the petitioners while the concrete assault charge was directed at the co‑accused. Consequently, the Court granted anticipatory bail to the petitioners, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S. 2023.

Issues considered

Whether anticipatory bail should be granted when the FIR contains only general allegations against the petitioners and specific assault allegations are directed at other co‑accused.

Legislation cited

B.N.S., 2023 — s. 115(2), 117(2), 126(2), 190, 191(1), 351(2), 482(2)

Subjects

anticipatory bail
general allegation
specific allegation
Section 482
FIR
assault
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18579 of 2026
                     Arising Out of PS. Case No.-586 Year-2025 Thana- NOORSARAI District- Nalanda
                 ======================================================
           1.     Dilkhush Raj S/O Kaushlendra Prasad @ Kaushlendra Gope @ Satyadeo @
                  Satendra Gope R/O Village- Balchand Bigha, P.S- Noorsarai, Distt.-
                  Nalanda.
           2.    Kaushlendra Prasad @ Kaushlendra Gope @ Satyadeo @ Satendra Gope
                 S/O Ramjee Prasad @ Ramjee Gope R/O Village- Balchand Bigha, P.S-
                 Noorsarai, Distt.-Nalanda.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr.Raj Kishor Prasad

                 For the Opposite Party/s :       Mr.Aditya Narayan Singh.1

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026         1. Heard the parties.

                       2. The petitioners apprehend their arrest in connection with

                   Noorsarai P.S. Case No. 586 / 2025 dated 06.11.2025 registered

                   under Sections 191(1), 190, 126(2), 115(2), 351(2), 117(2) of

                   the B.N.S. 2023.

                       3. As per the F.I.R. on 01.11.2025 at 9:00 P.M. in the night

                   the F.I.R. named accused persons including the petitioners had

                   beaten the informant and one Subelal Yadav. It is further alleged

                   that the co-accused Pawan Kumar has broken the head of the

                   informant with iron rod and Satyendra Yadav has broken the
Patna High Court CR. MISC. No.18579 of 2026(2) dt.08-04-2026
                                            2/3




          head of Subelal Yadav with ‘lathi’.

              4. Learned counsel for the petitioners submits that petitioners

          are innocent and they have not committed any offence in the

          manner alleged. No specific allegation is there against the

          petitioners. The present case is a counter blast to Noorsarai P.S.

          Case No. 585 of 2025 registered under Section 109(1) of the

          B.N.S., 2023 lodged by the petitioners’ side against the

          informant and others. Specific allegation of assault is attributed

          to the co-accused Pawan Kumar and Satyendra Yadav.

              5. Regard being had to the submission made by the parties,

          taking into consideration the fact that there is general and

          omnibus allegation against the petitioners, altogether eight

          persons have been made accused in the F.I.R. and specific

          allegation of assault is against the co-accused Pawan Kumar and

          Satyendra Yadav not against the petitioners, accordingly, I am

          inclined to grant anticipatory bail to the petitioners.

              6. Let the petitioners, above named, be released on

          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

          Judicial Magistrate, First Class, Nalanda at Biharsharif in
               Patna High Court CR. MISC. No.18579 of 2026(2) dt.08-04-2026
                                                           3/3




                         connection with Noorsarai P.S. Case No. 586 of 2025 subject to

                         the condition as laid down under Section 482 (2) of the B.N.S.S.

                         2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

Continue reading with your account

Checking your session…