Patna High Court
Lakhan Kumar @ LaluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to a bond and conditions, finding that the allegations against him were general and not specific enough to deny bail.
Summary
Lakhan Kumar petitioned for bail in a criminal case (Cr. Misc. No.5341 of 2026) involving multiple offences under the B.N.S., including assault, robbery and causing grievous injury with a gas cylinder. The prosecution alleged that Kumar and co‑accused assaulted an informant, stole Rs.26,000 and Rs.1,700, and that co‑accused Bharat @ Golu inflicted a head injury using a gas cylinder. The petitioner argued that the FIR contains only a general, omnibus allegation against him, while the specific allegation of using the gas cylinder rests on the co‑accused. The State opposed bail, contending that Kumar also participated in the assault causing grievous injury. The Court, after considering the nature of the allegations, held that the petitioner could be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions of family surety and personal appearance in court. The bail order was pronounced, allowing the petitioner to remain out of custody pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the general and omnibus nature of the allegations in the FIR.
- Whether the specific allegation of causing grievous injury with a gas cylinder, attributed to a co‑accused, precludes bail for the petitioner.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 303(2), 308(4), 324, 3(5), 351(2)
Subjects
- bail
- general allegation
- omnibus allegation
- assault
- grievous injury
- theft
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5341 of 2026
Arising Out of PS. Case No.-281 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Lakhan Kumar @ Lalu S/O Munna Singh @ Rajiv Singh Resident of village-
Khamhar, P.s- Mufassil, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 115 (2), 126 (2), 351 (2), 109
(1), 324, 308 (4), 303 (2) and 3 (5) of B.N.S.
3. As per the prosecution case, petitioner and other
assaulted the informant as a result of which he sustained injury
on head. It is further alleged that accused persons took Rs.
26,000/- from shop’s cash box and Rs. 1700 from him. It is
further alleged that co-accused Bharat @ Golu hit him on the
head with a gas cylinder resulting in head injury.
4. Learned counsel for the petitioner submits that the
F.I.R discloses general and omnibus allegation against the
Patna High Court CR. MISC. No.5341 of 2026(3) dt.26-02-2026
2/3
petitioner and other that they indulged in assaulting the
informant causing injury on his head, however, the specific
allegation of assaulting the informant by means of a gas cylinder
rests on co-accused Bharat @ Golu causing serious injury to the
informant. It would appear from the bail rejection order that
injuries sustained by the informant is grievous caused by hard
and blunt substance. Petitioner is in custody since 21.08.2025
and charge sheet has been submitted.
5. Learned APP for the State opposed the bail petition
on the ground that petitioner is also one of the person who had
assaulted the informant causing grievous injury to him.
6. Taking into consideration the facts and
circumstances of the case and also considering the general and
omnibus nature of allegation with specific allegation on co-
accused Bharat @ Golu, the above named petitioner is directed
to be enlarged on bail 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 Court below where the
case is pending/successor Court in connection with Muffasil
Thana P.S. Case No. 281 of 2025, subject to the conditions that :
(i) One of the bailors will be his close relative/family
members.
Patna High Court CR. MISC. No.5341 of 2026(3) dt.26-02-2026
3/3
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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