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Patna High Court

Firoz MianversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioners, directing them to furnish bail bonds and sureties.

Summary

The petitioners, four residents of Bara Auraiya, filed a regular bail application in a case registered under multiple sections of the Bhartiya Nyaya Sanhita. They argued that the FIR specifically alleged the assault on the informant's father by a co-accused, Sohail Alam, and that no specific role was attributed to them, presenting only general and omnibus allegations. The petitioners also highlighted their clean antecedent and that they had been in custody since 20 June 2025. The State opposed the bail, contending the seriousness of the charges. Considering the lack of specific incriminating allegations against the petitioners and their clean record, the Court granted regular bail on the condition of furnishing bail bonds of Rs. 10,000 each with two sureties of equal amount.

Issues considered

  • Whether regular bail should be granted when the FIR contains only general and omnibus allegations against the accused
  • Whether the absence of a specific allegation against the petitioners warrants bail despite the seriousness of the charges

Legislation cited

Subjects

  • regular bail
  • Bhartiya Nyaya Sanhita
  • omnibus allegation
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4267 of 2026
                   Arising Out of PS. Case No.-229 Year-2025 Thana- ADAPUR District- East Champaran
                 ======================================================
           1.     Firoz Mian S/o- Samim Mian Resident of village- Bara Auraiya PS- Adapur
                  Distt- East Champaran
           2.    Arman Alam S/o- Sohrab Mian Resident of village- Bara Auraiya PS-
                 Adapur Distt- East Champaran
           3.    Sarwar Alam S/o- Firoz Mian Resident of village- Bara Auraiya PS- Adapur
                 Distt- East Champaran
           4.    Samir Alam S/o- Aftab Alam Resident of village- Bara Auraiya PS- Adapur
                 Distt- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar Mishra
                 For the Opposite Party/s :       Mr.Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners seek regular bail in a case registered

                   for the offence under Sections 126(2), 115(2), 118(1), 117(2),

                   103(1), 109, 352, 351(2) and 3(5) of the Bhartiya Nyaya

                   Sanhita.

                                3. Learned counsel for the petitioners submits that as

                   per F.I.R. itself, specific accusation of assault on the head of

                   father of informant with iron rod is against co-accused Sohail

                   Alam. So far as these petitioners are concerned, there is general
               Patna High Court CR. MISC. No.4267 of 2026(2) dt.16-02-2026
                                                           2/2




                         & omnibus allegation and no specific role has been attributed to

                         them. Petitioners claim clean antecedent. Petitioners are in

                         custody since 20.6.2025.

                                      4. Learned A.P.P. for the State has opposed the bail

                         petition.

                                      5. Considering the aforesaid facts and circumstances,

                         let the above named petitioners, be enlarged on bail on

                         furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with

                         two sureties of the like amount each to the satisfaction of

                         learned Judicial Magistrate 1st class, Motihari in connection with

                         Adapur P.S. Case No. 229 of 2025.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T


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