Patna High Court
Aditya Kumar @ AdityaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioner, subject to a bond, sureties and verification of criminal antecedents, finding no specific allegation against him in the FIR.
Summary
The petitioner, Aditya Kumar, sought bail fearing arrest in connection with PS Thakaraha Case No. 78 of 2024, wherein he was alleged to have committed offences under Sections 126(2), 115(2), 118(1), 109, 324(2) and 3(5) of the B.N.S. The prosecution alleged that the accused, including the petitioner, misbehaved with girls at a village fair and assaulted the informant’s son with a knife. The petitioner contended that he was innocent, that the FIR was a general and omnibus allegation without specific reference to him, and that he was actually the victim of assault. He also highlighted that a co‑accused, Raja Kumar Verma, had already been granted anticipatory bail by a coordinate bench of the same court. The State opposed the bail application. After considering the submissions, the court observed the lack of specific allegation against the petitioner and, following the precedent of the earlier anticipatory bail, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR being general and omnibus in nature
- Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner
- Whether the conditions imposed under Section 482(2) of the B.N.S. are appropriate
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 324(2), 3(5), 482(2)
Subjects
- anticipatory bail
- bail
- omnibus FIR
- criminal procedure
- B.N.S. sections
- verification of antecedents
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24688 of 2026
Arising Out of PS. Case No.-78 Year-2024 Thana- THAKRAHA District- West Champaran
======================================================
Aditya Kumar @ Aditya S/o Shyam Sundar R/o Vill- Barwa, P.S.- Turkpatti,
Distt- Kushi Nagar (Uttar Pradesh)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Sager Sharma, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Thakaraha P.S. Case No. 78 of 2024, for
allegedly having committed offence under Sections 126(2),
115(2), 118(1), 109, 324(2) and 3(5) of the BNS.
3. As per the prosecution story, while the son of the
informant along with other persons was visiting a fair, all the
named accused persons, including the petitioners were
misbehaving with some girls. When the son of the informant
and others objected to the said indecent act of the petitioner and
others, all the accused persons assaulted the son of the
informant and others by knife, causing injuries on their persons.
4. The learned counsel for the petitioner submits
Patna High Court CR. MISC. No.24688 of 2026(2) dt.16-04-2026
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that the petitioner is innocent and has been falsely implicated in
the present case. He further submits that while the petitioner
was visiting the village fair, the informant’s son and his friends
assaulted him and no such occurrence has taken place as alleged
by the informant. The allegation levelled in the first information
report are general and omnibus and no specific allegation has
been levelled against the petitioner. He further submits that
other co-accused person, namely, Raja Kumar Verma @ Raj
Verma has already been granted the privilege of anticipatory
bail by a learned Co-ordinate Bench of this Court vide order
dated 05.01.2026 passed in Cr. Misc. No. 78403 of 2025. The
petitioner has got clean antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the rival submissions and after
going through the record, it appears that there is no specific
allegation against the petitioner and only general and omnibus
allegation has been levelled against all the accused persons,
including the petitioner and one of the co-accused persons has
already been granted the privilege of anticipatory bail by a
learned Co-ordinate Bench of this Court. Considering the above,
let the petitioner, above named, in the event of arrest or
Patna High Court CR. MISC. No.24688 of 2026(2) dt.16-04-2026
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surrender within a period of six weeks, 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, Bagaha, District-West Champaran
in connection with Thakaraha P.S. Case No. 78 of 2024, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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