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Patna High Court

MOHAN PRASADversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that regular bail may be granted despite general and omnibus allegations if the accused has a clean antecedent and no specific charge is substantiated.

Summary

The petitioner, Mohan Prasad, was arrested in connection with a case registered under Sections 115(2), 126(2), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging assault and abuse of an informant. He claimed innocence, clean antecedents, and argued that the prosecution’s case contained only a general, omnibus allegation against him. The State opposed the bail application. The High Court, after considering the lack of specific charges and the petitioner’s clean record, allowed the regular bail application subject to a cash bond and two sureties, with conditions of monthly police station attendance and regular trial participation. The order emphasized that its observations were prima facie and not a determination on the merits of the case. Consequently, the petitioner was released on bail with the stipulated conditions.

Issues considered

  • Whether regular bail can be granted when the prosecution’s case contains only a general and omnibus allegation against the accused.
  • Whether the petitioner’s clean antecedents and lack of specific charge justify the grant of bail under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • regular bail
  • omnibus allegation
  • Bharatiya Nyaya Sanhita
  • clean antecedent
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43222 of 2026
                        Arising Out of PS. Case No.-59 Year-2026 Thana- DUMRAO District- Buxar
                 ======================================================
                 MOHAN PRASAD S/o Late Buchun Prasad @ Buchan Prasad R/o vill - Raji
                 Mohalla (Rajai Mishra Ki Gali), P.S.- Dumraon, Distt.- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Shankar Pathak
                 For the Opposite Party/s :       Mr. Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-07-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Dumraon P.S. Case No. 59 of 2026 registered for the offence

                   under Section(s) 115(2), 126(2), 109(1), 352 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the allegation against

                   the petitioner is that he along with others assaulted the

                   informant and abused him due to assault, he sustained injuries.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 21.05.2026 and claims clean

                   antecedent. It is also submitted that there is no specific

                   allegation against the petitioner rather there is general and
Patna High Court CR. MISC. No.43222 of 2026(2) dt.02-07-2026
                                            2/3




          omnibus allegation against the petitioner.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances

          and the general and omnibus allegation levelled against the

          petitioner, this application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Dumraon P.S. Case

          No. 59 of 2026 subject to conditions that:-

                                             (i). The petitioner will mark his
                                  attendance at the Dumraon Police Station
                                  on the first Sunday of each month. Any
                                  default in appearance at the Police Station
                                  would result in cancellation of bail bond of
                                  the petitioner.
                                             (ii) The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.


                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of
            Patna High Court CR. MISC. No.43222 of 2026(2) dt.02-07-2026
                                                        3/3




                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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