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Patna High Court

Aditya Kumar @ AdityaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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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