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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to petitioners 1, 2 and 4 subject to surrender and bond, and dismissed the application of petitioner 3 as withdrawn.

Summary

The petitioners, four residents of Khudaganj, applied for anticipatory bail in connection with a criminal case (PS Case No.199 of 2025) alleging offences under sections 191(2), 190, 126(2), 115(2), 109, 74 and 352 of the Bharatiya Nyaya Sanhita, 2023. The FIR records that fourteen accused, including the petitioners, were armed and assaulted the informant, but the specific allegations of assault are directed at Sanjay Yadav, Dipak and Ajit Kumar, while the references to the petitioners are general and omnibus. The petitioners contend they have been falsely implicated and are willing to cooperate with the investigation. The court noted the general nature of the allegations against the petitioners and, after hearing both sides, ordered that petitioners 1, 2 and 4 be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties. Petitioner's 3, Ranjeet Kumar, who had been arrested, withdrew his application, and the court dismissed his part of the petition.

Issues considered

  • Whether anticipatory bail should be granted when the FIR contains only general, omnibus allegations against the accused and specific allegations against others.
  • Whether the petitioners are entitled to release on anticipatory bail subject to surrender and bail bond conditions.
  • Whether the application can be dismissed as withdrawn for a petitioner who has already been arrested.

Legislation cited

Subjects

  • anticipatory bail
  • omnibus FIR
  • false implication
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail bond
  • surrender
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27607 of 2026
                    Arising Out of PS. Case No.-199 Year-2025 Thana- KHUDAGANJ District- Nalanda
                 ======================================================
           1.     Raushan Kumar son of Sanjay Yadav
           2.    Deepak Kumar @ Dipak Kumar son of Sanjay Yadav
           3.    Ranjeet Kumar son of late Mahendra Yadav
           4.    Amit Kumar son of Late Mahendra Yadav
                 All resident of Village -Khudaganj, Police Station- Khudaganj, District
                 -Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Mukherjee, Advocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   29-04-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioners in this application pray for bail

                   apprehending their arrest in connection with Khudaganj P.S.

                   Case no.199 of 2025 registered for the offence punishable under

                   sections 191(2), 190, 126(2), 115(2), 109, 74 and 352 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. At the outset, it is submitted by learned counsel for

                   the petitioners that petitioner no.3 Ranjeet Kumar having been

                   arrested during pendency of the instant application, he seeks

                   permission to withdraw the application so far as he is

                   concerned.
Patna High Court CR. MISC. No.27607 of 2026(2) dt.29-04-2026
                                            2/3




                          4. In view of the above, the application, so far as

          petitioner no.3 Ranjeet Kumar is concerned, stands dismissed as

          withdrawn.

                          5. As per the prosecution case, the informant states

          that fourteen named accused persons including the three

          petitioners herein came variously armed and as a result of

          assault, the informant and others were injured.

                           6. Learned counsel for the petitioners submits in

          reference to the contents of the FIR that the allegation of assault

          in the FIR is specific on co-accused Sanjay Yadav, Dipak and

          Ajit Kumar. The allegations on the others are general and

          omnibus in nature. The petitioners have been falsely implicated

          in    the    case.     They      undertake           to   cooperate   in   the

          investigation/trial.

                          7. The application for bail is opposed by learned

          A.P.P. for the State.

                          8. Having heard learned counsel for the parties and

          taking into consideration the allegations against the petitioners

          in the FIR being general and omnibus in nature and the specific

          allegation being against Sanjay Yadav, Dipak and Ajit Kumar

          and not the petitioners herein, it is directed that the petitioner

          nos.1, 2 and 4, above named, in the event of their arrest or
            Patna High Court CR. MISC. No.27607 of 2026(2) dt.29-04-2026
                                                        3/3




                      surrender before the learned Court below within a period of four

                      weeks, be released on anticipatory bail in connection with

                      Khudaganj P.S. Case no.199 of 2025 on each of them furnishing

                      bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Additional Chief Judicial Magistrate I, Hilsa, Nalanda.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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