Patna High Court
Rajesh Kumar @ Mallu @ Mallu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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
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