Patna High Court
Raju Kumar Das @ Raju DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was allowed, granting the petitioner anticipatory bail subject to conditions.
Summary
The petitioner, Raju Kumar Das, sought relief fearing arrest in a murder case (Kesariya P.S. Case No. 126 of 2024) filed under Sections 302, 201 and 120(B) of the IPC. The prosecution alleged that the deceased woman's body was recovered and the case was directed against her in‑laws, with no specific allegation against the petitioner, who is only a distant relative. The petitioner filed an application for bail, arguing that the charge against him was a general, omnibus allegation. The High Court, after hearing counsel, held that in the absence of any specific charge, the bail application should be allowed. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482 of the CrPC and Section 438(2) of the CrPC.
Issues considered
- Whether bail should be granted when the petitioner is faced with only a general, omnibus allegation and no specific charge under Sections 302, 201 and 120(B) IPC.
- Whether the High Court can exercise its inherent powers under Section 482 CrPC and the provisions of Section 438(2) CrPC to grant anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 120(B), 201, 302
Subjects
- bail
- anticipatory bail
- general allegation
- IPC
- Section 302
- Section 201
- Section 120(B)
- CrPC
- Section 482
- Section 438(2)
- high court
- inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31878 of 2025
Arising Out of PS. Case No.-126 Year-2024 Thana- KESARIA District- East Champaran
======================================================
Raju Kumar Das @ Raju Das S/o Sakal Deo Das R/o Village- Pakri Asli,
Monain, P.S.- Sahebganj, Dist.- Muzaffrarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Shandilya, Advocate
For the State : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Kesariya P.S. Case No. 126 of 2024 instituted under
Sections 302, 201 and 120(B) of the Indian Penal Code.
3. As per the prosecution case, the dead body of the
woman was recovered by the police based on which the present
case has been registered. The allegation is directed against the
in-laws of the deceased woman.
4. The present petitioner is distantly related to the
deceased and there is no specific allegation against the present
petitioner.
5. Considering the general and omnibus allegation
against the petitioner, this application is allowed.
Patna High Court CR. MISC. No.31878 of 2025(3) dt.24-02-2026
2/2
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Motihari, East Champaran/ concerned Court in
connection with Kesariya P.S. Case No. 126 of 2024, subject to
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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