Patna High Court
Dayanand SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable (BNS) Act — s. 109(1), 115(2), 126(2), 329(3), 3(5), 351(3), 352
- Bihar Negotiable (BNSS) Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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