Patna High Court
Dhiraj Kumar @ Alok PrakashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
The Court granted bail to the petitioners, holding that the general nature of the allegations and their clean antecedent justified release on bond.
Summary
The petitioners, a group of residents of Saristabad, filed a bail petition fearing arrest in a criminal case (PS Case No.85 of 2026) registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The prosecution alleges that on 28 January 2026 the accused, armed with weapons, assaulted the informant’s father at a cowshed and later assaulted the informant herself, attempting to outrage her modesty. The petitioners contend that the allegations are vague, omnibus and fabricated by the informant to protect herself in a separate case, asserting that they have no specific charge against them and possess clean antecedents. The State opposed the bail, relying on the seriousness of the offences. Considering the lack of specific allegations, the petitioners’ clean record and the circumstances, the Court ordered bail on a bond of Rs 10,000 each with two sureties, subject to conditions under section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted when the charge sheet contains general and omnibus allegations without specific incriminating details.
- Whether the petitioners’ clean antecedent and the possibility of a false case warrant bail under section 482(2) of the BNSS.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- general allegation
- false case
- clean antecedent
- BNSS
- section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39566 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- GARDANIBAG District- Patna
======================================================
1. Dhiraj Kumar @ Alok Prakash S/O Suresh Prasad Yadav R/O Saristabad,
Purvi Tola, P.S.- Gardanibagh, Distt.- Patna.
2. Niraj Kumar S/O Suresh Prasad Yadav R/O Saristabad, Purvi Tola, P.S.-
Gardanibagh, Distt.- Patna.
3. Aman Kumar S/O Chandra Nath Prasad R/O Saristabad, Purvi Tola, P.S.-
Gardanibagh, Distt.- Patna.
4. Raja Kumar S/O Alok Prasad Dhiraj @ D. Kr. @ Dheeraj Kumar R/O
Saristabad, Purvi Tola, P.S.- Gardanibagh, Distt.- Patna.
5. Aditya Kumar S/O Alok Prasad Dhiraj @ D. Kr. @ Dheeraj Kumar R/O
Saristabad, Purvi Tola, P.S.- Gardanibagh, Distt.- Patna.
6. Golu Kumar S/O Niraj Kumar R/O Saristabad, Purvi Tola, P.S.-
Gardanibagh, Distt.- Patna.
7. Gaurav Kumar @ Gaurav Raj S/O Niraj Kumar R/O Saristabad, Purvi Tola,
P.S.- Gardanibagh, Distt.- Patna.
8. Renu Kumari D/O Alok Prasad Dhiraj @ Dheeraj Kumar R/O Saristabad,
Purvi Tola, P.S.- Gardanibagh, Distt.- Patna.
9. Rinku Devi D/O Jhaptti Ray R/O Saristabad, Purvi Tola, P.S.- Gardanibagh,
Distt.- Patna.
10. Rubi Devi W/O Niraj Yadav R/O Saristabad, Purvi Tola, P.S.- Gardanibagh,
Distt.- Patna.
11. Sweta Devi @ Sweta Kumari D/O Sahdev Prasad R/O Saristabad, Purvi
Tola, P.S.- Gardanibagh, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amresh Kumar Sinha. Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126(2),
Patna High Court CR. MISC. No.39566 of 2026(2) dt.23-06-2026
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115(2), 189(2), 190, 191(2), 74, 351(2), 352 of BNS.
3. The prosecution case in brief, is that on 28.01.2026,
when father of informant was going to cowshed, all the F.I.R.
named accused persons armed with various weapons came and
started assaulting him. Upon hulla, when infomrant reached
there, she was also assaulted by them. It is further alleged that
accused persons attempted to outrage her modesty.
4. It is submitted on behalf of the petitioners that
petitioners are quite innocent and have committed no offence as
alleged. Allegation is general and omnibus against these
petitioners. No specific allegation is attributed against them. As
a matter of fact, in order to save skin from Gardanibagh PS Case
No. 84 of 2026, informant lodged this false and concocted case
against these petitioners. Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the general and omnibus allegation
against these petitioner, clean antecedent of these petitioners and
other circumstances of the case , in the event of arrest or
surrender within eight weeks from today, let the petitioners, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.39566 of 2026(2) dt.23-06-2026
3/3
amount each to the satisfaction of the learned C.J.M., Patna, in
connection with Gardanibagh P.S. Case No. 85 of 2026 , subject
to the conditions laid down under section 482 ( 2 ) of the
Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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