Patna High Court
Lallu Kumar @ Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of specific allegations of assault against the petitioners and given the simple nature of the injury, bail is warranted.
Summary
The petitioners, three accused in a robbery case (Sheikhpura P.S. Case No.228 of 2025), sought bail fearing arrest under an FIR alleging offences under Sections 115(2), 128(2), 303(2), 109, 352, 351(2) and 34 of the Bhartiya Nagarik Suraksha Sanhita. The prosecution alleged that the accused, including the petitioners, assaulted a motorist with an iron rod, looted Rs.10,000 and a gold locket, and seized his motorcycle. The petitioners contended that the FIR contains only a general, omnibus allegation against all accused and no specific charge of assault or overt act against them. The Additional Public Prosecutor opposed bail, citing a prior criminal antecedent of one petitioner. The court observed the lack of specific allegations and the simple nature of the injury, and consequently granted bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS, along with several compliance requirements.
Issues considered
- Whether bail can be granted when the FIR contains only general, omnibus allegations against the petitioners.
- Whether the presence of a prior criminal antecedent of one petitioner justifies denial of bail.
- Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNS are applicable in this case.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 109, 115(2), 128(2), 303(2), 34, 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- omnibus FIR
- specific allegation
- criminal antecedent
- robbery
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4191 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
1. Lallu Kumar @ Anshu Kumar S/O Santoshi Prasad @ Santoshi Ram @
Santosh Prasad R/O Village- Girihinda, P.S- Sheikhpura, Distt.- Sheikhpura.
2. Anshul Kumar @ Anshu Kumar S/O Munna Kumar R/O Village- Girihinda,
P.S- Sheikhpura, Distt.- Sheikhpura.
3. Raja Kumar @ Vittu Kumar S/O Ajay Ram R/O Village- Girihinda, P.S-
Sheikhpura, Distt.- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
: Ms. Sweta Burnwal, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Sheo Nandan Prasad, learned counsel for
the petitioners and Mr. Anand Kishore Choudhary, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Sheikhpura P.S. Case No.228 of 2025, F.I.R.
dated 13.08.2025 for the offences punishable under Sections
115(2), 128(2), 303(2), 109, 352, 351(2), 34 of BNS.
3. According to prosecution case, the informant
alleged that when he was returning to his home by his
motorcycle and reached near Maurya hotel, the petitioner along
with other co-accused persons came and stopped him and asked
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him to give whatever he had and upon refusal, the accused
persons assaulted him by means of iron rod and lathi and looted
Rs.10,000/- from his pocket and snatched gold locket from his
neck and also took away his motorcycle.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. From bare perusal of the FIR it appears that
specific allegation is attributed against co-accused person,
namely, Saurav Kumar and Gaurav kumar and there is no
specific allegation of assault or overt act against these
petitioners rather the allegation attributed against all the accused
persons including the petitioners are general and omnibus in
nature and injury inflicted upon the informant is simple in
nature.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners on the
ground that the petitioner no.1 carries one criminal antecedent
in which he is on bail and petitioner no.2 and 3 have clean
antecedent.
6. Considering the aforesaid facts and circumstances
and the fact that there is no specific allegation of assault or overt
act against the petitioners and injury inflicted upon the
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informant is simple in nature, let the petitioners, above named,
in the event of arrest or surrender before the court below within
a period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Sheikhpura in connection
with Sheikhpura P.S. Case No.228 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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