Patna High Court
Sharban RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners are entitled to pre‑arrest bail as the FIR does not specifically allege their involvement in the assault.
Summary
The petitioners, nine brothers and relatives from Kanhaipur, sought pre‑arrest bail in a case (PS No. 358 of 2025) alleging assault with intent to kill on an informant and his brother, involving offences under several sections of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The FIR described a group of 18 assailants but did not specifically identify any of the petitioners as having participated in the assault. The petitioners argued that the allegations against them were general and omnibus, and therefore they were entitled to bail. The State opposed the bail, contending that the charges were serious. The Court, after reviewing the FIR, held that the lack of specific allegation against the petitioners created a prima facie case for bail and ordered their release on pre‑arrest bail subject to bond and surety conditions, also directing the District Court to verify any prior criminal antecedents which could nullify the order.
Issues considered
- Whether a pre‑arrest bail can be granted when the FIR does not specifically allege the participation of the accused.
- Whether the general and omnibus nature of the allegations suffices to justify continued detention.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109(1), 115(2), 117(3), 118(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
Subjects
- pre‑arrest bail
- non‑specific FIR
- Section 482 CrPC
- Arms Act
- assault
- intent to kill
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18964 of 2026
Arising Out of PS. Case No.-358 Year-2025 Thana- MOKAMAH District- Patna
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1. Sharban Rai S/o Bhuneshwar Rai
2. Sanni Kumar @ Sanideo Kumar S/o Bhuneshwar Rai
3. Subhash Kumar S/o Bhuneshwar Rai
4. Ram Murti Rai S/o Bhuneshwar Rai
5. Babaji @ Indrajit Kumar S/o Tuneshwar Rai
6. Sumit Kumar S/o Tuneshwar Rai
7. Kailash Rai S/o Bakil Rai
8. Harikant Kumar S/o Tuneshwar Rai
9. Mani Kumar @ Nagmani Kumar S/o Bhuneshwar Rai
All are R/o Village - Kanhaipur, P.S - Mokama, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard Mr. Ashok Kumar Kashyap, learned counsel
appearing on behalf of the petitioners and Mr. Binod Kumar,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Mokama P.S. Case No. 358 of 2025 registered for the
offence(s) punishable under Sections 191(2), 191(3), 190,
126(2), 115(2), 117(3), 109(1), 118(2), 352, 351(2) (3) of the
BNS and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, the accused
Patna High Court CR. MISC. No.18964 of 2026(2) dt.08-04-2026
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persons, total 18 in numbers, including the petitioners had
assaulted the informant and his brother with an intention to kill,
causing injuries.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and there
is no specific overt act against the petitioners and the allegation
against the petitioners is general and omnibus.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, from bare perusal of the FIR, it
appears that all the accused persons had assaulted the informant
and his brother and the allegation being not specific against any
of the petitioners that they are the persons, who had assaulted
either to the informant or his brother, I am of the opinion that
petitioners have, prima facie, made out a case to be released on
pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court 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
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amount each to the satisfaction of learned ACJM-III, Barh,
Patna / Concerned Court in connection with Mokama P.S. Case
No. 358 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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