Patna High Court
Pritam Kumar @ Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners, finding no specific case against them and noting their clean antecedent.
Summary
The petitioners, four brothers, sought anticipatory bail fearing arrest in a case where their father, Mani Kant Rajak, was alleged to have assaulted an informant with lathis and threatened false implication under the SC/ST Act. The FIR listed offences under Sections 126(2), 115(2), 109(1), 117(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioners argued that the allegations against them were vague and that the specific overt act was directed at their father, who is not a party to the petition. The State opposed the bail, but the court noted the petitioners' clean antecedent and the lack of specific charges against them. Consequently, the court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioners when the FIR contains general, omnibus allegations against them but the specific overt act is alleged against a non‑petitioner.
- Whether the petitioners' clean antecedent and lack of specific charges justify the exercise of discretion under Section 438 CrPC and Section 482 B.N.S. to grant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- general allegations
- clean antecedent
- Section 438 CrPC
- Section 482 B.N.S.
- Bharatiya Nyaya Sanhita
- assault
- false implication
- SC/ST Act threat
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22320 of 2026
Arising Out of PS. Case No.-269 Year-2024 Thana- PASRAHA District- Khagaria
======================================================
1. Pritam Kumar @ Gaurav Kumar Son of Mani Kant Rajak R/o Village -
Chukti, Police Station - Mansi, Dist.- Khagaria
2. Suraj Kumar S/o Mani Kant Rajak R/o Village - Chukti, Police Station -
Mansi, Dist.- Khagaria
3. Saurav Kumar S/o Mani Kant Rajak R/o Village - Chukti, Police Station -
Mansi, Dist.- Khagaria
4. Sumit Kumar S/o Late Barelal Rajak R/o Village - Chukti, Police Station -
Mansi, Dist.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Learned counsel for the petitioners are permitted to
make necessary corrections in the cause-title/party array of the
writ petition with reference to supplementary affidavit filed in
this case, during the course of the day.
3. The petitioners are apprehending their arrest in
connection with Pasraha P.S. Case No.269 of 2024, F.I.R dated
03.11.2024 registered for the offences punishable under
Sections 126(2), 115(2), 109(1), 117(2), 352, 351(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.22320 of 2026(2) dt.16-04-2026
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4. According to prosecution case, on 03.11.2024 at
around 7 A.M., the informant, Ranjit Pandit, was on his way to
work when accused Mani Kant Rajak stopped him near his
house and asked him to do tile work. Upon refusal, Mani Kant
abused and threatened to kill him. Thereafter, Mani Kant along
with other named accused persons, Pritam Rajak, Saurab
Kumar, Suraj Kumar, and Sumit Kumar, surrounded the
informant and assaulted him with lathis and fists. During the
incident, one person held his leg while Mani Kant allegedly
pressed his throat by climbing on his chest, causing injury to his
nose. It is further alleged that Mani Kant Rajak has a criminal
background with prior cases in Pasraha, Khagaria, and Gogri
police stations, and he also threatened to falsely implicate the
informant under the SC/ST Act.
5. Learned counsel for the petitioners submits that the
allegation levelled against these petitioners are general and
omnibus and the specific allegation of overt act is against Mani
Kant Rajak, who is not a petitioner in this case and as against
these petitioners, there is nothing specific against them. It has
further been submitted that the injuries sustained by the
informant have also been found to be simple in nature and the
petitioners have no criminal antecedent.
Patna High Court CR. MISC. No.22320 of 2026(2) dt.16-04-2026
3/4
6. Learned APP for the State opposes the prayer for
anticipatory bail application.
7. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent and the allegation
levelled against these petitioners are general and omnibus and
the specific allegation of overt act is against Mani Kant Rajak,
who is not a petitioner in this case and there is nothing specific
against these petitioners. Accordingly, this Court is inclined to
grant the privilege of anticipatory bail to the petitioner.
8. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class,
Khagaria, in connection with Pasraha P.S. Case No.269 of
2024,, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
Patna High Court CR. MISC. No.22320 of 2026(2) dt.16-04-2026
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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)
sharun/-
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