Patna High Court
Rajan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The prayer for anticipatory bail is allowed.
Summary
The petitioners, Rajan Kumar and Golu Kumar, sought anticipatory bail fearing arrest in a case alleging assault with an iron rod under several sections of the B.N.S. The prosecution alleged that the accused assaulted an informant, while the petitioners contended they were innocent, stating the incident was a minor scuffle at a liquor‑induced party and that the accusations were vague and omnibus. The State opposed the bail. The Court examined the general nature of the allegations and the lack of specific overt acts against the petitioners. Finding the accusations insufficiently specific and the backdrop indicative of a minor altercation, the Court allowed the anticipatory bail. Accordingly, the petitioners were directed to furnish a bail bond of Rs 10,000 with two sureties each, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted when the accusations are general and omnibus
- Whether the alleged assault constitutes a cognizable offence warranting arrest
- Whether the petitioners are likely to be arrested within the stipulated eight‑week period
Legislation cited
Subjects
- anticipatory bail
- general and omnibus accusation
- assault
- bail bond
- criminal procedure
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6149 of 2026
Arising Out of PS. Case No.-572 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
1. Rajan Kumar S/o Vishal Paswan @ Bilash Paswan Resident of Village -
Chakmohabbat, P.S.- Ahiyapur, District - Muzaffarpur,
2. Golu Kumar S/o Rama Paswan Resident of Village - Chakmohabbat, P.S.-
Ahiyapur, District - Muzaffarpur,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Bhavesh Kumar, Advocate
For the State : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126,
115(2), 109, 352, 351(2), 351(3) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
assaulted on the head of informant with iron rod.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.6149 of 2026(2) dt.04-02-2026
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have committed no offence. As a matter of fact, on the alleged
date and time of occurrence, at a reception party, informant and
others were creating nuisance under the influence of liquor and
also misbehaved with the female family members that ensued a
simple maar-peet between the parties. Allegation of assault is
general and omnibus and no specific accusation of overt act has
been alleged against these petitioners.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and backdrop of
the accusation, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners 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 learned Chief Judicial
Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case
No. 572 of 2025, subject to condition as laid down under
Patna High Court CR. MISC. No.6149 of 2026(2) dt.04-02-2026
3/3
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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