Created by Fuzzy Cloud

Patna High Court

Rajesh Kumar @ Mallu @ Mallu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that where the accusation is general and omnibus, the parties have a case and counter‑case, and the petitioners have clean antecedents, anticipatory bail may be granted under Section 482(2).

Summary

The petitioners, Rajesh Kumar and Rajaram Singh, sought anticipatory bail fearing arrest in a case alleging offences under several sections of the B.N.S. relating to assault and robbery. The prosecution alleged that on 2 August 2025 the accused forcibly entered an informant’s house, assaulted the family and stole a gold chain. The petitioners contended they were innocent, claiming the incident stemmed from a land dispute and that the accusations were vague and omnibus, with no specific overt act attributed to them. They also highlighted their clean antecedents and that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail, but the court, noting the general nature of the accusation, the case‑and‑counter‑case context, and the petitioners’ clean record, granted anticipatory bail subject to a bail bond and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the circumstances of a general and omnibus accusation.
  • Whether the petitioners’ clean antecedents and parity with co‑accused justify bail.
  • Whether the allegations under the listed sections of the B.N.S. warrant immediate arrest.

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 303(2), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.6259 of 2026
                       Arising Out of PS. Case No.-276 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
           1.     Rajesh Kumar @ Mallu @ Mallu Kumar S/O Yugesh Singh Resident of
                  village Baran bigha, P.S.Barun, District Aurangabad (Bihar)
           2.    Rajaram Singh @ Rajram Singh S/O Late Ganga Singh R/O Vill.- Luka, P.S.
                 - Pauthu, District - Aurangabad (Bihar)

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Aman Vishal, Advocate
                                                   Ms. Leelawati Kumar, Advocate
                 For the State            :        Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioners and learned A.P.P. appearing on behalf of the State.

                                  2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 190,

                   191(2), 115(2), 126(2), 117(2), 109(1), 352, 351(2) and 303(2)

                   of the B.N.S..

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

                   02.08.2025 at about 8:30 PM, all the F.I.R. named accused

                   persons, including these petitioner, forcibly entered the house

                   of informant, abused them and assaulted informant and his

                   family members and also snatched gold chain from neck of

                   family members of informant.
Patna High Court CR. MISC. No.6259 of 2026(2) dt.11-02-2026
                                            2/3




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

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

          land dispute between the parties, a free fight took place in which

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

          Allegation of assault is general and omnibus and no specific

          accusation of overt act has been alleged against these

          petitioners. Similarly situated co-accused persons have already

          been granted the privilege of anticipatory bail by this Hon’ble

          Court vide order dated 05.01.2026 passed in Cr. Misc. No.

          82864 of 2025. Petitioners claim clean antecedents.

                       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, case and

          counter-case between the parties, claim based on parity and

          clean antecedents of the petitioners, 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.
             Patna High Court CR. MISC. No.6259 of 2026(2) dt.11-02-2026
                                                         3/3




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

                       amount each to the satisfaction of learned Sub-Divisional

                       Judicial Magistrate, Daudnagar Aurangabad in connection with

                       Obra P.S. Case No. 276 of 2025, subject to condition as laid

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



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.