Patna High Court
MOHAN PRASADversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 352
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
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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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