Patna High Court
Ram Babu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- B.N.S., 2023 — s. 118(1), 126(2), 127(2), 3, 5
- B.N.S.S. — s. 482(2)
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
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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
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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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