Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted anticipatory bail to the petitioner, holding that the general nature of the allegations and his clean record warranted bail under Section 482(2).
Summary
Petitioner Rajeev Kumar sought anticipatory bail after an FIR (Rahui P.S. Case No. 638 of 2025) alleged his involvement in assault, robbery and other offences under various sections of the Bihar Negotiable Statutes (BNS). He contended that the FIR contained only a vague, omnibus allegation against him, no specific charge of assault, no incriminating article was seized, and he had a clean criminal record. The State opposed the bail, arguing the seriousness of the offences. The Court examined the FIR and noted the lack of specific allegations and the petitioner’s clean antecedent, concluding that these factors warranted anticipatory bail. Accordingly, the Court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the Bihar Negotiable Statutes.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the Bihar Negotiable Statutes when the FIR contains only general allegations against the petitioner?
- Does the absence of specific charges, lack of incriminating material, and a clean antecedent justify granting anticipatory bail?
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 117(2), 126(2), 191(2), 303(2), 324(4), 352
- Bihar Negotiable Statutes (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- general allegation
- clean antecedent
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29655 of 2026
Arising Out of PS. Case No.-638 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Rajeev Kumar S/o Sri Vinod Paswan Resident of Village - Dulchandpur, P.S -
Rahui, District - Nalanda (Biharsharif)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Manglam, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Rahui P.S. Case No. 638 of 2025 registered for
the offences punishable under Sections 191(2), 126(2), 115(2),
109(1), 117(2), 303(2), 324(4) and 352 of the BNS.
3. As per the allegation in the FIR, the petitioner
along with the other co-accused persons have assaulted the
informant by means of stick (lathi) due to which he got injured.
It is further alleged that co-accused person, namely, Jagira
Kumar has also took Rs. 2,000/- from the pocket of the
informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
Patna High Court CR. MISC. No.29655 of 2026(2) dt.06-05-2026
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been implicated in this case. He submits that there is no specific
allegation against this petitioner rather there is only general and
omnibus allegation against the petitioner. He next submits that
injuries found on the body of the injured are simple in nature
and no incriminating article has been recovered from the
possession of the petitioner. He further submits that petitioner
has got clean antecedent as stated in para-3 of the bail petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From perusal of the First Information Report and
the impugned order dated 30.03.2026, it appears that there is no
specific allegation of assault against the present petitioner rather
there is general and omnibus allegation against this petitioner
and also the fact that nature of injury has not been mentioned in
the impugned order and petitioner has got no criminal
antecedent as stated in para-3 of the bail petition. So,
considering all facts and circumstances of the case and
submissions made by learned counsel for the petitioner, let the
above named petitioner be released on anticipatory bail in the
event of his arrest or surrender before the Trial Court within a
period of six weeks from today on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.29655 of 2026(2) dt.06-05-2026
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each to the satisfaction learned Chief Judicial Magistrate,
Nalanda (Biharsharif) in connection with Rahui P.S. Case
No.638 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Harshita/-
U T
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