Patna High Court
Dhirendra Mallik @ Dhirendra DomversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, four residents of Gamail village, sought anticipatory bail fearing arrest in a case (PS Bihariganj, Case No. 408 of 2025) alleging offences under multiple sections of the Bharatiya Nyaya Sanhita, including assault, robbery and damage to property. They contended that the charge sheet contains a general, omnibus accusation with no specific overt act attributed to them, and highlighted that a co‑accused, Pintu Dom, had already been granted anticipatory bail in a similar matter. The State opposed the bail application. The Court noted the lack of specific allegations against the petitioners, their clean antecedent, and the precedent of bail to a co‑accused, and consequently granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the charge sheet contains a general, omnibus accusation without specific allegations against the petitioners
- Whether the petitioners' clean antecedent warrants bail despite the seriousness of the alleged offences
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita can be invoked to impose conditions on the anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 324(2), 325, 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- omnibus accusation
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
- assault
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5176 of 2026
Arising Out of PS. Case No.-408 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
1. Dhirendra Mallik @ Dhirendra Dom S/o Late Shyam Sundar Dom R/o
Village - Gamail Ward No 2, P.S - Bihariganj, District - Madhepura
2. Nitish Kumar S/o Boku Dom R/o Village - Gamail Ward No 2, P.S -
Bihariganj, District - Madhepura
3. Mashudan Dom @ Masudan Dom S/o Buddhu Dom R/o Village - Gamail
Ward No 2, P.S - Bihariganj, District - Madhepura
4. Rupesh Dom S/o Mashudan Dom R/o Village - Gamail Ward No 2, P.S -
Bihariganj, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 115(2), 118(1), 109(1),
126(2), 76, 324(2), 325, 303(2), 352, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita.
3. The allegation against these petitioners is of
causing assault to the informant and her son along with other
accused persons, besides the allegation of snatching of valuables
and damaging the household articles.
4. Learned counsel for the petitioners submitted that
altogether 19 persons, including these petitioners, are alleged to
Patna High Court CR. MISC. No.5176 of 2026(2) dt.03-02-2026
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have committed the offence. Allegation of assault is general and
omnibus and there is no specific allegation of any overt act
against these petitioners. It is further submitted that similarly
situated co-accused, namely, Pintu Dom has already been
granted anticipatory bail by co-ordinate Bench of this Hon’ble
Court vide order dated 06.01.2026 passed in Cr. Misc. No.
83876 of 2025. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering general and omnibus accusation and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Sub-Divisional Judicial
Magistrate-I, Udakishunganj, Madhepura in connection with
Bihariganj P. S. Case No. 408 of 2025, subject to condition as
laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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