Patna High Court
Uday Kumar @ Mannu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to bond and conditions, holding that general allegations and a prior criminal antecedent do not bar bail.
Summary
The petitioners, four residents of Nazarmira village, sought anticipatory bail in connection with Sonepur Police Station Case No. 1197 of 2025, which alleged offences under several sections of the Bihar Negotiable Substances Act, 2023, including assault on an informant and theft of cash. The prosecution alleged that the petitioners surrounded the informant, seized the motorcycle key, assaulted him and took his cash, while the petitioners contended that the specific assault allegation pertained only to co‑accused Manoj Rai and Sonu Kumar, making the charge against them merely general and omnibus. The State opposed bail, highlighting a criminal antecedent of petitioner No. 2, who had three pending cases, though he was already on bail. The court examined whether the general nature of the allegations and the antecedent barred anticipatory bail and concluded that they did not, provided strict conditions were imposed. Accordingly, the court granted anticipatory bail to the petitioners on a bond of Rs 10,000 with two sureties and imposed conditions under Section 482(2) of the B.N.S.S., including appearance before the trial court, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail can be granted despite only general and omnibus allegations against the petitioners.
- Whether the criminal antecedent of petitioner No. 2 precludes the grant of anticipatory bail.
- Whether the specific allegation against co‑accused affects the bail eligibility of the petitioners.
Subjects
- anticipatory bail
- general allegation
- omnibus allegation
- criminal antecedent
- Section 482
- Bihar Negotiable Substances Act
- assault
- theft
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25247 of 2026
Arising Out of PS. Case No.-1197 Year-2025 Thana- SONEPUR District- Saran
======================================================
1. Uday Kumar @ Mannu Kumar S/O Late Rajendra Rai Resident of village-
Nazarmira, Police station -Sonepur, district -Saran
2. Ranjan Kumar S/O Lochan Rai @ Ram Lochan Ray Resident of village-
Nazarmira, Police station -Sonepur, district -Saran
3. Ujjawal Kumar S/O Kush Rai Resident of village- Nazarmira, Police station
-Sonepur, district -Saran
4. Pankaj Kumar S/O Kush Rai Resident of village- Nazarmira, Police station
-Sonepur, district -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mili Kumari
For the Opposite Party/s : Mr.Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Sonepur P.S. Case No. 1197 of 2025 registered
for the offence punishable under Sections-126(2), 115(2),109,
303(2), 118(2), 352, 351(2) and 3(5) of BNS, 2023.
3. As per prosecution case, in course of going with his
son and in the way, they were surrounded by the accused
petitioners who took out the key of motorcycle and when
objection was made, the informant was assaulted. The cash is
Patna High Court CR. MISC. No.25247 of 2026(2) dt.22-04-2026
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also said to have been taken away from the informant.
4. Learned counsel for the petitioners has submitted
that the specific allegation of assault to the informant is against
Manoj Rai and Sonu Kumar. There is general and omnibus
allegation against these petitioners.
5. Learned APP foir the State opposes the prayer for
grant of anticipatory bail by submitting that one of the
petitioners i.e. the petitioner No. 2 has got criminal antecedent
of three cases but fairly conceded that he is also on bail in the
pending cases.
6. Considering the fact that there is general and
omnibus allegation against the petitioners whereas the specific
allegation of overt act is against co-accused Manoj Rai and
Sonu Kumar, let the petitioners above named in the event of
their arrest or surrender before the court below within a period
of four weeks be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Chapra, Saran in connection with Sonepur P.S.
Case No. 1197 of 2025, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. as well as the following
conditions:
Patna High Court CR. MISC. No.25247 of 2026(2) dt.22-04-2026
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(i) One of the bailors should be family
member/relative/known of the petitioners who shall provide
official document/personal affidavit to show his/hr bona fide;
(ii) The petitioners shall appear before the trial court
on each and every date fixed in the case and if, his failure to do
so on two consecutive dates without plausible reason, will entail
cancellation of their bail bonds by the Trial Court itself;
(iii) The petitioners 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 petitioners shall desist from committing any
criminal offence again, failing which, the State shall be at
liberty to take steps for cancellation of the bail bonds.
(Ajit Kumar, J)
A.K.V.//-
U T
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