Patna High Court
Arbind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The court refused to grant anticipatory bail to the petitioners.
Summary
The petitioners, Arbind Kumar, Lallu Rai, Vikesh Kumar and Meena Devi, applied for anticipatory bail after being named in FIR No.359 of 2025 for alleged assault on an informant's family that resulted in the death of the informant's mother. They claimed innocence, arguing that the FIR contains only a general, omnibus allegation against them without specific details of assault. The State opposed the bail, citing the seriousness of the offence under Sections 103(1) and 3(5) of the BNS and the fatal outcome. The court examined the FIR and found that the petitioners were implicated in a violent attack leading to murder and injuries. Concluding that the allegations were sufficient and the crime grave, the court declined to grant anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under Sections 103(1) and 3(5) of the BNS for alleged assault resulting in death
- Whether the general allegations in the FIR are sufficient to deny anticipatory bail
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- anticipatory bail
- FIR
- assault
- murder
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29920 of 2026
Arising Out of PS. Case No.-359 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
1. Arbind Kumar S/o- Sanjay Rai Resident of Village- Laxmipur, Kachhari
Tola, Ward No.-17, P.S.- Lakhaura, District- East Champaran.
2. Lallu Rai @ Lallu Prasad Yadav S/o- Awdesh Rai Resident of Village-
Laxmipur, Kachhari Tola, Ward No.-17, P.S.- Lakhaura, District- East
Champaran.
3. Vikesh Kumar S/o- Awdesh Rai Resident of Village- Laxmipur, Kachhari
Tola, Ward No.-17, P.S.- Lakhaura, District- East Champaran.
4. Meena Devi @ Panna Devi W/o- Awdesh Rai Resident of Village-
Laxmipur, Kachhari Tola, Ward No.-17, P.S.- Lakhaura, District- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhurendra Kumar, Adv.
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State
2. The petitioners apprehend their arrest in connection
with Lakhaura P.S. Case No.359 of 2025 registered for the
offence under Sections 103(1)/3(5) of BNS.
3. As per F.I.R., all the persons named in the F.I.R.
including the petitioners armed with sharp weapons came to the
informant's doorstep and started abusing his mother. When
informant protested, all of them started beating him. Sanjay Ral,
Guddu Rai & Rupesh Rai with an intention to kill attacked the
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informant's mother with an iron rod on the head due to which
she fell on the ground and her head started bleeding, then all the
other persons also started assaulting her with lathi, danda due to
which she died on the spot. When the Informant's brother-
Manish Kumar, Ranjeet Kumar, wife-Soni Devi, sisters Sanju
Kumari & Budhi Devi came to rescue, they also assaulted and
injured them. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
petitioners are innocent and has committed no offence and they
have falsely been implicated in this case. Learned counsel for
the petitioners next submits that there is no specific allegation of
assault to anyone against the petitioners. There is general and
omnibus allegation have been made against the petitioners.
5. The learned APP opposes the anticipatory bail
application.
6. From the perusal of the record, it transpires that the
petitioners are named in the FIR with the allegation that the
petitioners with other accused persons assaulted the informant
and his family members. Due to the assault the informant’s
mother Babita Devi died on the spot and other family members
are also said to have suffered injury with broken arm and head
injuries. Under these circumstances, this Court is not inclined to
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grant privilege of anticipatory bail to the petitioners.
7. Accordingly, the present anticipatory bail
application is rejected.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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