Patna High Court
Sonu Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Sonu Kumar Choudhary, was named in an FIR alleging that he, along with several villagers, assaulted police officers using bricks, stones and sticks, invoking multiple sections of the Indian Penal Code. He applied for anticipatory bail, claiming innocence and arguing that the allegations against him were general and omnibus with no specific overt act attributed to him. The petitioner also highlighted that a co-accused had previously been granted anticipatory bail by the same court. The State opposed the bail application. Considering the nature of the allegations and the circumstances, the court allowed anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted when the allegations against the petitioner are general and omnibus without specific overt acts.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the court to impose conditions on anticipatory bail in such cases.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 147, 148, 149, 188, 307, 323, 332, 333, 341, 353, 379, 504, 506
Subjects
- anticipatory bail
- general allegation
- omnibus allegation
- assault on police
- Indian Penal Code
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21291 of 2025
Arising Out of PS. Case No.-127 Year-2024 Thana- AMARPUR District- Banka
======================================================
Sonu Kumar Choudhary Son of Niranjan Choudhary Resident Of Village
-Rampur,, PS- Amarpur, Distt.- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 147, 148, 149, 188, 341,
323, 307, 332, 333, 353, 379, 504, 506 of the Indian Penal Code.
3. As per F.I.R., all the named accused persons,
including this petitioner, along with 15-20 villagers attacked
police officials by using bricks, stones and sticks and created
hindrance in discharge of their official duty.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus and there is no specific
allegation of overt act against petitioner. It is further submitted
that similarly situated co-accused has already been granted
anticipatory bail by co-ordinate Bench of this Hon’ble Court
Patna High Court CR. MISC. No.21291 of 2025(4) dt.08-01-2026
2/2
vide order dated 13.09.2024 passed in Cr. Misc. No. 45753 of
2024.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the general and omnibus allegation and
other facts and circumstances of the case, this anticipatory bail
is allowed and it is ordered that let the above named petitioner
in the event of his arrest/surrender before the court below within
a period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Banka in connection with Amarpur P. S.
Case No. 127 of 2024, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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