Patna High Court
Sanoj Kumar @ Nirmal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of specific allegations of firing against the petitioners, the general omnibus charge does not preclude the grant of bail.
Summary
The petitioners, Sanoj Kumar and Om Kumar, were named in an FIR for offences under several sections of the Bihar Penal Code and Section 27 of the Arms Act, alleged to have participated in a firing incident during a cultural programme. They contended that the allegations against them were general and omnibus, with specific firing charges directed at other co‑accused. The State opposed their bail application. The court observed that the FIR did not contain any specific allegation of firing against the petitioners and, noting the principle of judicial parity, directed that they be released on bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Criminal Procedure Code. The bail order was conditioned on compliance with the lower court’s requirements. Consequently, the petition for bail was granted.
Issues considered
- Whether the petitioners are entitled to bail despite being named in the FIR with general omnibus allegations.
- Whether the absence of specific allegations of firing against the petitioners justifies granting bail.
- Application of Section 482(2) of the Bihar Criminal Procedure Code in granting bail.
Legislation cited
- Arms Act — s. 27
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 109(1), 115(2), 125, 126(2), 190, 191(3), 303(2), 61(2)(a)
Subjects
- bail
- omnibus allegation
- general allegation
- Section 482
- Bihar Penal Code
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40974 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- PANDARAK District- Patna
======================================================
1. Sanoj Kumar @ Nirmal Kumar S/o Upendra Ray @ Upendra Yadav R/o vill
- Kondi, P.S.- Pandarak, Distt.- Patna
2. Om Kumar S/o Shailendra Ray R/o vill - Kondi, P.S.- Pandarak, Distt.-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Kashyap
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Pandarak P.S.Case
No.190 of 2025 registered for the offences punishable under Sections
191(3), 190, 61(2)(a), 109(1), 125, 126(2), 115(2) and 303(2) of BNS
and Section 27 of the Arms Act.
3. As per the allegation made in the FIR with a common
intention altogether 19 accused persons named in the FIR along with
the petitioners fired upon the informant while he was requesting to
maintain peace in the cultural programme.
4. Learned counsel appearing on behalf of the petitioners
submitted that allegation against both these petitioners is general and
omnibus in nature, where specific allegation of firing is against co-
accused Amarjeet @ China Ray, Kundan Ray and Rishi Ray, who
fired by Moujar, which hit to two persons, causing them fire arm
Patna High Court CR. MISC. No.40974 of 2026(2) dt.25-06-2026
2/2
injuries. It is submitted that similarly situated co-accused persons
have already granted bail by one of the learned Co-ordinate Bench of
this court through Cr. Misc. No. 15061/2026 dated 25.03.2023 and,
therefore, as a matter of judicial parity these petitioners also deserves
bail. Petitioner no. 1 claimed clean antecedent, whereas petitioner no.
2 found involved in one more case, where he is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as allegation qua physical assault is appearing very much
general and omnibus against these petitioners, having no allegation
of firing, accordingly both above-named petitioners, in the event of
their arrest or surrender before the court below within a period of
four weeks, are directed to be released on bail, 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 District and
Additional Sessions Judge, IInd Barh, Patna/concerned Court, where
the case is pending in connection with Pandarak P.S.Case No.190 of
2025, subject to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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