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Patna High Court

Ram Babu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, finding no specific case against them.

Summary

The petitioners, Ram Babu Rai and Dharmendra Rai, sought anticipatory bail fearing arrest in Maker Police Station Case No. 150 of 2025, which alleged assault on an informant under Sections 126(2), 127(2), 3, 5 and 118(1) of the B.N.S., 2023. The prosecution alleged that the accused assaulted the informant with an iron rod, danda and brick, causing injuries. The petitioners contended that the FIR contained only general and omnibus allegations, that a counter‑version was filed by another accused, and that no specific case was made out against them. The State opposed the bail application. After hearing both sides, the Court observed that the allegations were indeed vague and that there was no specific material linking the petitioners to the offence, and therefore granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S. and a bail bond of Rs.10,000 with sureties.

Issues considered

  • Whether anticipatory bail should be granted when the FIR contains general and omnibus allegations without specific incriminating material against the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • general allegations
  • omnibus FIR
  • Section 482
  • bail conditions
  • assault
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6884 of 2026
                         Arising Out of PS. Case No.-150 Year-2025 Thana- MAKER District- Saran
                 ======================================================
           1.     Ram Babu Rai S/o- Late Damodar Rai R/v- Chandila, Ps- Maker, Dist-
                  Saran
           2.     Dharmendra Rai S/o- Ram Babu Rai R/v- Chandila, Ps- Maker, Dist- Saran
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Mishra, Adv.
                 For the Opposite Party/s :        Mr.Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2. The petitioners are apprehending their arrest in

                   connection with Maker P.S. Case No. 150 of 2025 dated

                   25.06.2025 registered for the offence punishable under Sections

                   126(2)/127(2)/3/5/118(1) of the B.N.S., 2023.

                           3. As per prosecution case, the allegation against the

                   accused persons including the petitioners is of badly assaulting

                   the Informant by means of iron rod, danda and brick due to

                   which he sustained injury.

                           4. Learned counsel for the petitioners submits that for

                   allegation which is levelled in the F.I.R., there is a counter

                   version to the entire incident which is said to have been lodged

                   by one of the accused persons in which the allegation of
Patna High Court CR. MISC. No.6884 of 2026(2) dt.04-02-2026
                                            2/3




          outraging modesty and committing theft is alleged when no

          male member was present in the house for which the F.I.R. was

          lodged bearing Maker P.S. Case No. 155 of 2025. It is next

          submitted that the injury, which is said to have been caused on

          the head of the Informant, has been found to be simple in nature

          while second injury is said to be grievous in nature, while the

          allegations are general and omnibus and there is nothing

          specific against these petitioners.

                  5. On the other hand, the learned APP for the State has

          opposed the prayer for bail of the petitioners.

                  6. Having heard learned counsel for the parties and

          considering the fact that the allegations are general and

          omnibus, there is a case and counter case as also there being

          nothing specific against these petitioners, this Court is inclined

          to grant privilege of anticipatory bail to the petitioners.

                  7. Accordingly, let the above named petitioners, be

          released on bail, in the event of their arrest or surrender before

          the learned Court below within a period of six weeks from

          today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Judicial Magistrate, 1st Class, Saran at

          Chapra in connection with Maker P.S. Case No. 150 of 2025,
              Patna High Court CR. MISC. No.6884 of 2026(2) dt.04-02-2026
                                                           3/3




                        subject to the conditions as laid down under Section 482(2) of

                        the B.N.S.S. as well as the following conditions:

                                (i)   One      of    the    bailors     should   be   the   family

                        member/relative of the petitioners who shall provide official

                        document to show his/her bona fide;

                                (ii) the petitioners shall appear on each and every date

                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of their

                        bail bonds by the Trial Court itself.



                                                                                 (Ajit Kumar, J)
rishi/-

U         T


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