Patna High Court

Ammu Kumar @ Adarsh KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions under the relevant statutory provisions.

Summary

The petitioner, Ammu Kumar, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly stealing a golden chain and cash by threatening the informant. The FIR contained general and omnibus allegations, but the petitioner’s counsel argued that specific acts of pointing a pistol and taking the items were attributed to other accused, with no injury report and the dispute being between Gotiyas. The State opposed the bail on the basis of the FIR allegations. Considering the lack of specific allegations against the petitioner and his status as a professional degree student, the Court granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order is effective for four weeks from the date of the order.

Issues considered

Whether anticipatory bail should be granted when the FIR contains general and omnibus allegations without specific charges against the petitioner
Whether the petitioner’s professional student status and lack of injury report warrant bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 118(1), 127(2), 303(2), 308(2), 3(5), 351(2), 352, 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Bharatiya Nagarik Suraksha Sanhita
Criminal Procedure Code
general allegations
omnibus FIR
bail conditions
professional student

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3007 of 2026
                  Arising Out of PS. Case No.-106 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Ammu Kumar @ Adarsh Kumar son of Ravi Singh @ Ravi Shankar Prasad
                 singh Resident Of Village -Bathua Bujurg Ward No 15, Ps- Musarigharari,
                 Dist- Samastipur
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mukesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 127(2),

                   115(2), 118(1), 303(2), 308(2), 352, 351(2), 3(5) of the B.N.S.

                                3. The allegation in the First Information report is

                   that the accused persons including the petitioner came to the

                   shop of the informant and took away his golden chain and some

                   cash by threatening him.

                                4.    Learned counsel for the petitioner submits that it

                   would be apparent from the bare perusal of the First Information

                   Report that there are general and omnibus allegation against the

                   petitioner, however specific allegations of pointing of the pistol

                   and taking away the chain and the amount is upon two other

                   accused persons and not on the present petitioner. It is also

                   pointed out that no injury report has been brought on record and as a
            Patna High Court CR. MISC. No.3007 of 2026(2) dt.28-01-2026
                                                        2/2




                      matter of fact, the present case arises out of a dispute between

                      the Gotiyas.

                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the First

                      Information Report.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances and considering the general and omnibus nature

                      of allegations against the petitioner with no specific allegations

                      being attributed to him, let the above named petitioner, who is

                      pursuing a professional degree course, be released on bail, in the

                      event of his arrest or surrender before the learned Court below

                      within a period of four weeks from today, on furnishing bail

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

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

                      below where the case is pending/successor Court in connection

                      with Musrigharari P.S. Case No. 106 of 2025, subject to the

                      condition as laid down under Section 438 (2) of the Cr.P.C/

                      Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita

                      (BNSS), 2023.



                                                (Soni Shrivastava, J)
anand/-
U       T

Continue reading with your account

Checking your session…