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Patna High Court

Deepak Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner.

Summary

The petitioner, Deepak Kumar Singh, feared arrest in a case alleging assault with an iron rod and knife and theft of a gold chain on 29 June 2025, under several sections of the B.N.S. He contended that the incident stemmed from a property dispute, resulting only in simple injuries, and that the allegations were general and omnibus with no specific overt act attributed to him. The State opposed his request for anticipatory bail. The Court examined the nature of the accusations, the existence of a case‑and‑counter‑case, the minor nature of injuries, and the petitioner’s clean antecedents. Finding the charges vague and the circumstances favorable, the Court granted anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the general and omnibus nature of the accusations under the specified sections of the B.N.S.

Legislation cited

  • B.N.S. — s. 109, 118(1), 126(2), 3(5), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • general and omnibus accusation
  • property dispute
  • clean antecedents
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5207 of 2026

                  Arising Out of PS. Case No.-510 Year-2025 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Deepak Kumar Singh Son of Late Ram Pravesh Singh Resident of Village-
                 New Area, P.S.- Sasaram (T), District- Rohtas at Sasaram

                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Chhote Lal Mishra, Advocate
                 For the State          :        Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   118(1), 109, 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that on

                   29.06.2025 at about 1 PM, all the F.I.R. named accused persons,

                   including this petitioner, assaulted informant and her husband

                   with iron rod and knife. It is further alleged that the accused

                   persons also snatched gold chain from neck of informant.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.5207 of 2026(2) dt.03-02-2026
                                            2/3




          committed no offence. As a matter of fact, on account of

          property dispute, scuffle took place between the two families in

          which both sides sustained injuries. There is case and counter-

          case. Doctor has found the injuries, sustained by the injured,

          simple in nature. Allegation of assault is general and omnibus

          and no specific accusation of overt act has been alleged against

          this petitioner. Petitioner claims clean antecedents.

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

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case between the parties, nature of injuries sustained by

          the injured and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Chief Judicial Magistrate,

          Rohtas at Sasaram in connection with Sasaram (T) P.S. Case

          No. 510 of 2025, subject to condition as laid down under
             Patna High Court CR. MISC. No.5207 of 2026(2) dt.03-02-2026
                                                         3/3




                       Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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