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Patna High Court

Dhirendra Mallik @ Dhirendra DomversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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