Patna High Court

Sonu Kumar @ Sonu Kumar ChaudharyversusThe State of Bihar

Decided: 30 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioners subject to bond, sureties, and statutory conditions.

Summary

Petitioners Sonu Kumar and Ganesh Kumar sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault on an informant. The FIR contained a general and omnibus allegation against them, while the grievous injury was attributed to a co-accused, Raja Kumar, and the petitioners were said to have caused only simple injuries. The State opposed the bail on the basis of the FIR allegations. The Court examined the nature of the allegations and noted that the petitioners were not the principal perpetrators of the serious injury. Consequently, the Court ordered that the petitioners be released on anticipatory bail if arrested or they surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties each, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioners despite the general and omnibus allegations in the FIR
Whether the petitioners' alleged involvement in simple injuries warrants denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
general allegation
omnibus allegation
assault
Bharatiya Nagarik Suraksha Sanhita
Criminal Procedure Code
bail bond
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24808 of 2026
                   Arising Out of PS. Case No.-575 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
           1.     Sonu Kumar @ Sonu Kumar Chaudhary S/O Sunil Chaudhary Resident of
                  Village - Gudari Rai Chowk, P.S. Bhagwan Bazar, District Saran at Chapra
           2.    Ganesh Kumar S/O Sunil Chaudhary Resident of Village - Gudari Rai
                 Chowk, P.S. Bhagwan Bazar, District Saran at Chapra

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :      Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   30-04-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118, 109, 303(2), 352, 351(2) of 3(5) of the B.N.S.

                                3.      The allegation in the First Information Report is

                   that the petitioners along with other co-accused persons have

                   assaulted the informant and others.

                                4. Learned counsel for the petitioner submits that the

                   First Information Report discloses general and omnibus

                   allegation on the petitioner and the specific allegation of

                   assaulted is upon Raja Kumar, who was arrested and the
            Patna High Court CR. MISC. No.24808 of 2026(2) dt.30-04-2026
                                                        2/2




                      grievous injury has been said to be caused by Raja Kumar and

                      so far as the other persons are concerned, they are the author of

                      simple injuries.

                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the First

                      Information Report.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances and considering the fact that there is general and

                      omnibus allegation against the petitioners and the petitioners are

                      not the author of the injury sustained by the informant, let the

                      above named petitioners, be released on bail, in the event of

                      their arrest or surrender before the learned Court below 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 amount each to the satisfaction of the learned Court below

                      where the case is pending/successor Court in connection with

                      Bhagwan Bazar P.S. Case No. 575 of 2025, subject to the

                      condition as laid down under Section 438 (2) of the Cr.P.C/

                      Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita

                      (BNSS), 2023.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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