Patna High Court
Vinod HembramversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners subject to bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, Vinod Hembram and Bhikhari Hembram, sought anticipatory bail fearing arrest in a case under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) relating to illegal liquor manufacturing and an alleged attack on police. The FIR alleged that 15 named and 25‑30 unknown persons assaulted the police team, but did not specifically name the petitioners. The petitioners highlighted that a co‑accused, Shankar Tuddu, had already been granted anticipatory bail by a coordinate bench of the same court. The State opposed bail, citing a grievous injury to a police officer, though the injury was not attributed to any particular accused. Considering the general nature of the allegations and the precedent of bail to a similarly situated co‑accused, the court granted anticipatory bail to the petitioners, subject to a Rs.10,000 bond with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains only general, omnibus allegations against the petitioners.
- Whether the presence of a grievous injury to a police officer, not specifically linked to the petitioners, precludes anticipatory bail.
- Whether the precedent of bail granted to a similarly situated co‑accused influences the decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 121(1), 121(2), 126(2), 132, 190, 191(2), 191(3), 35(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor manufacturing
- assault on police
- general allegations
- BNSS
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3350 of 2026
Arising Out of PS. Case No.-728 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Vinod Hembram son of Chunku Hembram Resident of Mahadevsthan P.S-
Amarpur, Dist- Banka
2. Bhikhari Hembram Son of Gopal Hembram Resident of Mahadevsthan P.S-
Amarpur, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 109(1), 132, 121(1), 121(2), 352
and 35(2) of the B.N.S.
3. The allegation in the First Information Report is
that on the issue of illegal manufacturing and transportation of
liquor around 15 named persons and 25-30 unknown persons
indulged in attacking the police team, which had apprehended
two accused persons on a motorcycle.
4. Learned counsel for the petitioners submits that it
Patna High Court CR. MISC. No.3350 of 2026(2) dt.28-01-2026
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would be apparent from the First Information Report itself that
the same has been alleged against 15 named and 25-30 unknown
persons with general and omnibus allegations of indulging in
physical altercation with the police team. There is no specific
allegation attributed to the present petitioners and further, it has
also been pointed out that one of the similarly situated co-
accused, namely Shankar Tuddu, has been granted the privilege
of anticipatory bail by a Co-ordinate Bench of this Court vide
order dated 28.01.2026 passed in Cr. Misc. No.2645 of 2026.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the ground that one injury suffered by one
of the persons in the team is grievous in nature and in response
to the same it has been submitted that the said injury is not
attributed specifically to any persons and so far as other injuries
are concerned, they are simple in nature.
6. Taking into consideration the facts and
circumstances and considering general and omnibus nature of
allegations against the petitioners, coupled with the fact that one
of the similarly situated co-accused has already been granted
privilege of anticipatory bail by a Co-ordinate Bench of this
Court, let the above named petitioners, be released on bail, in
the event of their arrest or surrender before the learned Court
Patna High Court CR. MISC. No.3350 of 2026(2) dt.28-01-2026
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below within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each 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 Amarpur P.S. Case No. 728 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
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