Patna High Court
Birendra Rishidev @ Viren RishidevversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court held that pre‑arrest bail can be granted where the FIR allegations are general and omnibus, provided the petitioners' antecedents are verified and bail conditions under Sec 438(2) CrPC/Sec 482(2) CrPC are satisfied.
Summary
The petitioners, a group of ten men from Malharia Tola, were charged in FIR No. 213 of 2025 for assault, outraging the modesty of female family members, and theft of gold ornaments, invoking multiple sections of the Indian Penal Code. They applied for pre‑arrest bail, claiming innocence and arguing that the allegations were vague and stemmed from a prior enmity. The State and the informant opposed the bail, emphasizing the seriousness of the offences. The High Court held that where the accusations are general and omnibus, bail may be granted subject to verification of the petitioners' antecedents and compliance with conditions under Section 438(2) CrPC and Section 482(2) CrPC. Consequently, the court ordered pre‑arrest bail for petitioners 4‑7, 9‑10 and modified the earlier order for petitioners 1‑3, 8, directing verification of any other cases against them before final release. The bail application was disposed with the grant of bail subject to the stipulated conditions.
Issues considered
- What is the appropriateness of granting pre‑arrest bail in cases involving multiple serious offences under the IPC?
- Do the allegations in the FIR constitute specific charges sufficient to deny bail?
- Should the court verify the petitioners' antecedent criminal records before granting bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 109, 115, 117, 118, 126, 190, 191, 303, 324, 76
Subjects
- pre‑arrest bail
- Indian Penal Code
- Section 438 CrPC
- Section 482 CrPC
- assault
- outraging modesty
- verification of antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25056 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- MAHALGAON District- Araria
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1. Birendra Rishidev @ Viren Rishidev Son of Surati Rishidev Resident of
Village- Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District-
Araria
2. Prakash Rishidev Son of Surati Rishidev Resident of Village- Malharia Tola,
Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria
3. Akhilesh Rishidev Son of Surati Rishidev Resident of Village- Malharia
Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria
4. Krityanand Rishidev Son of Late Chichai Rishidev Resident of Village-
Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria
5. Shankar Rishidev @ Shankar Kumar Rishidev Son of Kriytanand Rishidev
Resident of Village- Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon,
District- Araria
6. Sikandar Rishidev Son of Gulab Chand Rishidev Resident of Village-
Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria
7. Niraj Rishidev Son of Gulab Chand Rishidev Resident of Village- Malharia
Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria
8. Chandan Rishidev Son of Late Sukhdev Rishidev Resident of Village-
Malharia Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria
9. Vikky Rishidev Son of Chandan Rishidev Resident of Village- Malharia
Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria
10. Jiwachh Rishidev Son of Rajendra Rishidev Resident of Village- Malharia
Tola, Rahika, Ward No. 01, P.S.- Mahalgaon, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate.
For the Opposite Party/s : Mr. Jai Narain Thakur, APP.
For the Informant : Mr. Pankaj Kumar Jha, Advocate.
Mr. Vijay Kishore Bharti, Advocate.
=====================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard learned counsel appearing on behalf of the
petitioners, learned counsel for the informant and learned APP
Patna High Court CR. MISC. No.25056 of 2026(2) dt.22-04-2026
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for the State.
2. The petitioners seek pre-arrest bail in connection
with Mahalgaon P.S. Case No. 213 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 117(2), 118(1), 109, 76, 303(2) and 324(4) of the BNS.
3. As per the allegations made in the F.I.R., all the
petitioners, along with other accused persons, are alleged to
have assaulted the informant and his family members, causing
injuries to them. It is further alleged that they outraged the
modesty of the female members of the family and also snatched
away gold ornaments.
4. Learned counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and have
committed no offence as alleged in the F.I.R. It is further
submitted that the allegations levelled against them are general
and omnibus in nature, without any specific attribution of overt
acts. Learned counsel also contends that the injuries sustained
by the alleged victims are simple in nature. It is further pointed
out that there exists a case and counter-case between the parties,
indicating a dispute arising out of prior enmity.
5. Learned counsel for the informant and Learned
APP for the State have vehemently opposed the prayer for grant
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of pre-arrest bail to the petitioners.
6. Considering the nature of allegation against
petitioner nos. 4, 5, 6, 7, 9 and 10 to be general and omnibus,
they are directed to be released on pre-arrest bail, in the event of
their arrest or surrender before the Court below within a period
of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of learned SDJM, Araria in
connection with Mahalgaon P.S. Case No. 213 of 2025, subject
to the condition as laid down under Section 438(2) Cr.P.C /
482(2) BNSS.
7. So far as petitioner nos. 1, 2, 3 and 8 are concerned,
the learned District Court is directed to verify whether any cases
have been instituted against any of the said petitioners by
government officials on allegations of tampering with
government records at different Circle Offices. The conduct of
the informant also does not appear to be sound and is required to
be taken into account while considering the matter.
8. In view of the aforesaid, the order dated
24.02.2026, in respect of petitioner nos. 1, 2, 3 and 8, is
modified to the extent that they shall be released on pre-arrest
bail, subject to verification of their antecedents and upon
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obtaining requisite information from the concerned Circle
Offices with regard to tampering of records.
9. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
10. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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