Created by Fuzzy Cloud

Patna High Court

Dayanand SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Where the FIR contains only vague and omnibus allegations, the court may grant pre‑arrest bail subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the BNSS.

Summary

The petitioners, Dayanand Sharma and Bitu Sharma, applied for pre‑arrest bail in a case registered under PS No. 536 of 2025 for offences listed under the BNS. The FIR alleges that they assaulted an informant and his brother, but the petitioners contend they are innocent and that the allegations are vague, general and omnibus. The State opposed the bail, arguing the seriousness of the charges. The Court observed that the FIR does not specifically link the petitioners to the alleged acts and therefore found no substantive ground to deny bail. Consequently, the Court ordered their release on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 438(2) Cr.P.C. and Section 482(2) BNSS, and directed the District Court to verify any criminal antecedent which could nullify the order. The bail application was disposed of, granting the petitioners pre‑arrest bail.

Issues considered

  • Whether pre‑arrest bail can be granted when the FIR contains only vague and omnibus allegations against the accused
  • Whether the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS are applicable in granting bail

Legislation cited

Subjects

  • pre‑arrest bail
  • general allegations
  • omnibus FIR
  • Section 438 CrPC
  • Section 482 BNSS
  • bail conditions
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37327 of 2026
                    Arising Out of PS. Case No.-536 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
           1.     Dayanand Sharma Son of Vidya Nand Singh @ Vidyanand Sharma Resident
                  of Village - Baruna, P.S.- Rafiganj, District - Aurangabad.
           2.    Bitu Sharma @ Bittu Sharma @ Bitu Kumar Son of Shri Subodh Sharma
                 Resident of Village - Baruna, P.S.- Rafiganj, District - Aurangabad.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Arvind Kumar Singh, Advocate.
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                                  ORAL ORDER


2   01-07-2026                          Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                 2. The petitioners seek pre-arrest bail in connection

                   with Rafiganj P.S. Case No. 536 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 352, 351(3),

                   109(1), 329(3) and 3(5) of the BNS.

                                 3. As per the allegation made in the F.I.R., all the

                   accused persons including the petitioners assaulted the

                   informant and his brother causing them injury on different parts

                   of the body.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.37327 of 2026(2) dt.01-07-2026
                                            2/3




          petitioners submitted that the petitioners are innocent and they

          have committed no offence as alleged. The allegation alleged

          against the petitioners is not specific rather general and

          omnibus. There is case and counter case between the parties.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioners.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R. and the fact that the allegation alleged against the

          petitioners is general and omnibus, the petitioners, above

          named, are directed to be released on pre-arrest bail, in the event

          of their arrest or surrender before the Court below within a

          period of four weeks from today, on furnishing bail bond of Rs.

          10,000/- (Ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned CJM, Aurangabad in

          connection with Rafiganj P.S. Case No. 536 of 2025, subject to

          the condition as laid down under Section 438(2) Cr.P.C / 482(2)

          BNSS.

                       7. The District Court is directed to verify the criminal

          antecedent of the petitioners and if it is found that the petitioners

          are involved in some other cases as what has been stated in

          Para-3 of the bail petition, this order will automatically lose its
          Patna High Court CR. MISC. No.37327 of 2026(2) dt.01-07-2026
                                                      3/3




                    force.

                                 8. The bail application stands disposed of.



                                              (Purnendu Singh, J)
mantreshwar/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.