Patna High Court
ABHISHEK KUMAR @ RAHUL KUMAR @ RAHULversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner is entitled to pre‑arrest bail as he has made out a prima facie case for release.
Summary
The petitioner, Abhishek Kumar, applied for pre‑arrest bail in a case registered under multiple sections of the BNS and Section 27 of the Arms Act, alleging a common intention to kill and assault. The FIR does not specifically name the petitioner; the allegations against him are described as general and omnibus, with the specific charge of firing directed at a co‑accused. The petitioner asserted his innocence, clean antecedent, and that he was falsely implicated. The State opposed the bail, but the Court noted the lack of specific allegation and the petitioner’s clean record, finding a prima facie case for bail. Consequently, the Court ordered that the petitioner be released on pre‑arrest bail upon surrender, subject to a bond and sureties, and directed the District Court to verify his antecedent.
Issues considered
- Whether a pre‑arrest bail should be granted when the petitioner is not specifically named in the FIR and faces only general, omnibus allegations.
- Whether the petitioner has made out a prima facie case for bail under Section 482(2) of the BNSS.
- Whether the petitioner’s clean antecedent warrants the grant of bail despite the serious nature of the offences alleged.
Legislation cited
Subjects
- pre‑arrest bail
- omnibus allegation
- clean antecedent
- Section 482(2)
- Arms Act
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5085 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- PALIGANJ District- Patna
======================================================
Abhishek Kumar @ Rahul Kumar @ Rahul, aged about 28 years, Male, S/o
Nathuni Singh, Resident of Village- Raghopur, PO- Patut, PS- Rani talab,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 11-05-2026 Heard Mr. Shiva Shankar Sharma, learned counsel
appearing on behalf of the petitioner and Mrs. Pushpa Sinha,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Paliganj P.S. Case No. 139 of 2025, registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 109, 308(5) of the BNS and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, petitioner
along with other co-accused persons, with a common intention
to kill, had allegedly assaulted the husband of the informant
causing injuries.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.5085 of 2026(4) dt.11-05-2026
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been implicated in the present case. Petitioner is not named in
the FIR. General and omnibus allegation has been levelled
against the petitioner. Specific allegation of firing is against co-
accused Manish Kumar. Petitioner has clean antecedent. On
these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that petitioner is not named in
the FIR. General and omnibus allegation has been levelled
against the petitioner. Specific allegation of firing is against co-
accused Manish Kumar. Petitioner has clean antecedent. I am of
the opinion that petitioner has, prima facie, made out a case to
be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Paliganj P.S. Case No. 139
of 2025, subject to the condition as laid down under Section
Patna High Court CR. MISC. No.5085 of 2026(4) dt.11-05-2026
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482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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