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Patna High Court

Umesh Rajbhar @ Umesh MandalversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court held that anticipatory bail may be granted to accused facing only general allegations, but denied it to those with specific serious allegations of assault, firing, and outraging modesty.

Summary

The petitioners, nine individuals from Rampur village, applied for anticipatory bail in connection with FIR No. 34 of 2026 filed under several sections of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that the accused assaulted the informant, with specific charges of grievous assault with an iron rod against petitioner No. 4 and allegations of firing a pistol and outraging modesty against petitioner No. 9, while the remaining accused faced only general, omnibus allegations. The petitioners argued innocence and highlighted pending criminal cases against some of them, contending the dispute was over a petty matter. The court examined the nature of the allegations and applied the provisions of anticipatory bail under Sections 2(1)(d) and 482(2) of the BNSS, 2023. It granted anticipatory bail to petitioners 1, 2, 3, 5, 6, 7 and 8 upon furnishing a bail bond, but rejected anticipatory bail for petitioners 4 and 9, directing the trial court to consider their surrender‑cum‑bail applications separately.

Issues considered

  • Whether anticipatory bail can be granted under the Bhartiya Nyaya Sanhita, 2023 to accused facing only general allegations.
  • Whether specific allegations of grievous assault, firing a weapon, and outraging modesty justify denial of anticipatory bail.
  • Application of Sections 2(1)(d) and 482(2) of the BNSS, 2023 in the context of the present FIR.

Legislation cited

Subjects

  • anticipatory bail
  • Bhartiya Nyaya Sanhita
  • Arms Act
  • specific allegations
  • omnibus allegations
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42055 of 2026
                   Arising Out of PS. Case No.-34 Year-2026 Thana- SINGHESHWAR District- Madhepura
                 ======================================================
           1.     Umesh Rajbhar @ Umesh Mandal S/o Late Ramkhelawan Mandal Resident
                  of Village- Rampur, Ward No.- 11, P.S.- Singheshwar, District- Madhepura
           2.    Narayan Mandal S/o Late Ramkhelawn Mandal Resident of Village-
                 Rampur, Ward No.- 11, P.S.- Singheshwar, District- Madhepura
           3.    Upendra Rajbhar @ Upendra Mandal S/o Late Ramkhelawan Mandal
                 Resident of Village- Rampur, Ward No.- 11, P.S.- Singheshwar, District-
                 Madhepura
           4.    Sarvottam Mandal S/o Late Mahendra Mandal Resident of Village- Rampur,
                 Ward No.- 11, P.S.- Singheshwar, District- Madhepura
           5.    Anjali Devi @ Anjani Devi W/o Narayan Mandal Resident of Village-
                 Rampur, Ward No.- 11, P.S.- Singheshwar, District- Madhepura
           6.    Dilkhush Kumar S/o Umesh Mandal @ Umesh Rajbhar Resident of Village-
                 Rampur, Ward No.- 11, P.S.- Singheshwar, District- Madhepura
           7.    Vijay Rajbhar @ Bijay Rajbhar @ Vijay Mandal S/o Upendra Mandal
                 Resident of Village- Rampur, Ward No.- 11, P.S.- Singheshwar, District-
                 Madhepura
           8.    Sarvottam Kumar @ Sarvottam Kumar Rajbhar S/o Narayan mandal @
                 Narayan Rajbhar Resident of Village- Rampur, Ward No.- 11, P.S.-
                 Singheshwar, District- Madhepura
           9.    Om Prakash Rajbhar @ Reshamlal Kumar @ Om Prakash Kumar @ Om
                 Prakash @ Resham Lal S/o Late Dharmi Rajbhar @ Late Dharni Mandal
                 Resident of Village- Rampur, Ward No.- 11, P.S.- Singheshwar, District-
                 Madhepura

                                                                                 ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :      Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-07-2026                      Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned APP for the State.
Patna High Court CR. MISC. No.42055 of 2026(2) dt.01-07-2026
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                       2. The petitioners are apprehending arrest in

          connection with Singheshwar P.S. Case No. 34 of 2026, dated

          23.01.2026, lodged under Sections 126(2), 127(2), 115(2), 76,

          109(1), 303(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023

          (hereinafter referred to as “BNS, 2023”) and under Section 27 of

          the Arms Act.

                       3. As per the prosecution, FIR has been lodged against

          16 named accused persons, including the present petitioners,

          alleging that the petitioners, along with five other co-accused

          persons, surrounded and assaulted the brother-in-law of the

          informant. They allegedly entered the courtyard of the

          informant. The specific allegation against Om Prakash Rajbhar

          @ Reshamlal Kumar @ Om Prakash Kumar @ Om Prakash @

          Resham Lal (petitioner No. 9) is that he outraged the modesty of

          the informant. There is a further specific allegation against

          Sarvottam Mandal (petitioner No. 4) that he assaulted the

          informant with an iron rod. There is also a specific allegation

          against Anjali Devi @ Anjani Devi (petitioner No. 5) that she

          slapped the informant. Against the rest of the accused persons,

          there are only general and omnibus allegations, except for the

          allegation that Om Prakash Kumar fired from a pistol.

                       4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.42055 of 2026(2) dt.01-07-2026
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          petitioners are innocent and have committed no offence.

          Counsel further submits that the criminal antecedents of

          petitioner Nos. 4, 5 and 7 are clean, whereas the criminal

          antecedents of petitioner Nos. 1, 2, 3, 6 and 8 are not clean, as

          one criminal case is pending against each of them. So far as

          petitioner No. 9 is concerned, two criminal cases are pending

          against him. Counsel further submits that, as per the information

          received from the pairwikar, the informant and the petitioners’

          side are relatives, and the dispute took place over a petty matter.

                       5. Learned counsel for the informant vehemently

          opposes the prayer for bail and submits that there is a specific

          allegation against petitioner No. 4 that he assaulted the victim

          with an iron rod, due to which grievous injury was caused.

          Counsel further submits that, against petitioner No. 9, there are

          allegations of firing and outraging the modesty of the informant,

          and allegations have also been made against the remaining

          petitioners. Counsel also submits that the injury reports of

          Nagendra Pd. Mandal and Narad Kumar disclose grievous

          injuries in nature and Narad Kumar was assaulted by petitioner

          No. 4.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that, in the present case,
Patna High Court CR. MISC. No.42055 of 2026(2) dt.01-07-2026
                                            4/5




          grievous injury has been caused by petitioner No. 4, and the

          allegations of firing and outraging the modesty of the informant

          are against petitioner No. 9.

                       7. In light of the submissions made above, it

          transpires to this Court that, except petitioner Nos. 4 and 9,

          against whom there are specific allegations of assault, outraging

          the modesty of the informant, and firing, the allegations against

          the remaining accused persons are general and omnibus in

          nature.

                       8. As such, in the present facts and circumstances of

          this case, let the petitioner Nos. 1, 2, 3, 5, 6, 7 & 8, namely,

          Umesh Rajbhar @ Umesh Mandal, Narayan Mandal, Upendra

          Rajbhar @ Upendra Mandal, Anjali Devi @ Anjani Devi,

          Dilkhush Kumar, Vijay Rajbhar @ Bijay Rajbhar @ Vijay

          Mandal and Sarvottam Kumar @ Sarvottam Kumar Rajbhar be

          released on anticipatory bail, in the event of arrest or surrender

          before the Trial Court within a period of 4 weeks from today, on

          furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

          each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

          satisfaction of C.J.M., Madhepura, in connection with

          Singheshwar P.S. Case No. 34 of 2026, subject to the conditions

          as laid down U/s 482(2) of the BNSS, 2023.
          Patna High Court CR. MISC. No.42055 of 2026(2) dt.01-07-2026
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                                 9. So far as the bail application of petitioner Nos. 4

                    and 9, namely, Sarvottam Mandal and Om Prakash Rajbhar @

                    Reshamlal Kumar @ Om Prakash Kumar @ Om Prakash @

                    Resham Lal, is concerned, the same is hereby rejected, with

                    liberty to petitioner Nos. 4 and 9 that, in case they surrender

                    before the Trial Court within four weeks, the Trial Court shall

                    consider      and     pass     orders     on    their    surrender-cum-bail

                    applications on the same day, without being prejudiced by the

                    fact that their anticipatory bail application has been rejected by

                    this Court. The Trial Court shall pass appropriate orders on their

                    applications on their own merits in accordance with law.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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