Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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bail to petitioners 1, 2 and 4 subject to surrender and bond, and dismissed the application of petitioner 3 as withdrawn.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- Whether the application can be dismissed as withdrawn for a petitioner who has already been arrested.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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 352, 74
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
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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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