Patna High Court
Arula DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioners, subject to a bond and sureties, as the accusations against them are general and omnibus.
Summary
The petitioners, Arula Devi, Mohan Kumar and Kanhaiya Das, filed a bail petition fearing arrest in a case registered under sections 126(2), 115(2), 109, 118, 351(3) and 352 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault on 17 September 2025. The FIR specifically names co‑accused Jitendra Das and Khublal Das for the assault, while the allegations against the petitioners are described as general and omnibus. The State opposed the bail, but the Court noted the lack of specific accusation against the petitioners, the existence of a case‑and‑counter‑case, and other surrounding circumstances. Applying section 482(2) of the BNSS, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties of equal amount. The order is subject to the conditions laid down under the cited statutory provision.
Issues considered
- Whether the petitioners are entitled to bail despite pending charges under sections 126(2), 115(2), 109, 118, 351(3) and 352 of the BNSS.
- Whether the allegations against the petitioners constitute a specific charge or a general/omnibus accusation affecting bail eligibility.
- Whether bail can be conditioned under section 482(2) of the BNSS.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118, 126(2), 351(3), 352, 482(2)
Subjects
- bail
- criminal procedure
- omnibus accusation
- BNSS
- section 482(2)
- surety
- arrest apprehension
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30082 of 2026
Arising Out of PS. Case No.-419 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
1. Arula Devi wife of Jitendra Das Resident of village -Shahabad, P.S.
-Sultanganj, Dist. - Bhagalpur
2. Mohan Kumar @ Mohan Das Son of Koko Das Resident of village
-Shahabad, P.S. -Sultanganj, Dist. - Bhagalpur
3. Kanhaiya Das Son of Vijay Das @ Bijay Das Resident of village -Shahabad,
P.S. -Sultanganj, Dist. - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Davendra Kumar Pandey
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126(2),
115(2), 109, 118, 351(3) and 352 BNS and at present pending in
the Court of learned A.C.J.M. 1st ,Bhagalpur.
3 . As per F.I.R. informant alleged that on 17.09.2025
these petitioners along with other accused persons armed
variously came and started assaulting informant and when other
family members of informant came to save, they were also
assaulted by the accused persons.
Patna High Court CR. MISC. No.30082 of 2026(2) dt.11-05-2026
2/2
4. It is submitted on behalf of the petitioners that
specific accusation of assault is against co-accused Jitendra Das
and Khublal Das. So far as these petitioners are concerned,
allegation is general and omnibus against them. Case and
counter case.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the general and omnibus against these
petitioners, case and counter case between the parties and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioners, as named
above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned A.C.J.M. 1 st ,
Bhagalpur in connection with Sultanganj P.S. Case No. 419 of
2025 , subject to the conditions laid down under section 482
( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.