Patna High Court
Hareram PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, subject to bond and conditions, as the allegations against him were deemed general and omnibus.
Summary
Hareram Paswan applied for bail fearing arrest in a case (Deepnagar P.S. Case No. 116 of 2023) that charges him under several IPC sections and Section 27 of the Arms Act. The prosecution alleges that Paswan, along with Nitesh Kumar, assaulted two persons, causing injury. Paswan contends he is innocent, asserting that the specific assault allegation pertains only to Nitesh Kumar, who is already in custody, and that the charge against him is a vague, omnibus allegation. The court found the allegation against Paswan to be general and not specific, and therefore allowed the bail application. Paswan was ordered to be released on bail if arrested within six weeks, upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the CrPC.
Issues considered
- Whether the petitioner is entitled to bail despite the presence of general and omnibus allegations under multiple IPC sections and the Arms Act
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 379, 504, 506
Subjects
- bail
- general allegation
- omnibus allegation
- IPC
- Arms Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33066 of 2025
Arising Out of PS. Case No.-116 Year-2023 Thana- DEEPNAGAR District- Nalanda
======================================================
Hareram Paswan S/o Binda Paswan R/o Village- Kalyanpur, P.S.- Deepnagar,
District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar, Advocate
For the State : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Deepnagar P.S. Case No. 116 of 2023 instituted under
Sections 323, 147, 148, 149, 341, 307, 379, 504 and 506 of the
Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, one Nitesh Kumar
and the petitioner are said to have assaulted two persons and
one of them has sustained injuries.
4. It has been submitted by learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. He further submits that the specific
allegation of assault is against one Nitesh Kumar who has
already been arrested. He next submits that there is general and
Patna High Court CR. MISC. No.33066 of 2025(4) dt.17-02-2026
2/2
omnibus allegation against the petitioner.
5. In view of the general and omnibus allegation
levelled against the petitioner, this application is allowed.
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, Biharsharif, Nalanda/ concerned Court in
connection with Deepnagar P.S. Case No. 116 of 2023, 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
Checking your session…