Patna High Court
Mithlesh Ray @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail as the FIR contains only general and omnibus allegations against them and no specific case is made out.
Summary
The petitioners, Mithlesh Ray and Hari Kishor Ray, applied for pre‑arrest bail in a case (Bachhwara P.S. Case No. 337 of 2024) involving multiple offences under the BNS, including assault, robbery and rioting. The FIR alleged that they, along with others, entered the informant's house armed, assaulted him, looted wheat and a locket, and that a co‑accused, Akhilesh Ray, fired a weapon. The petitioners contended that the allegations against them were general and omnibus and that specific charges of firing and looting pertained only to the co‑accused. The State opposed the bail, arguing the seriousness of the offences. The Court, after reviewing the FIR, held that no specific case was made out against the petitioners and that the allegations were merely general, thereby granting pre‑arrest bail subject to a bond and verification of any pending criminal antecedents.
Issues considered
- Whether pre‑arrest bail can be granted under Section 482(2) of the BNSS when the FIR contains only general and omnibus allegations against the accused.
- Whether the specific allegations of firing and looting in the FIR can be attributed to the petitioners or are limited to a co‑accused.
- Whether the nature of the offences listed under the BNS warrants denial of pre‑arrest bail.
Subjects
- pre‑arrest bail
- general and omnibus allegation
- Section 482(2)
- Bihar Criminal Procedure
- assault
- robbery
- rioting
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69635 of 2025
Arising Out of PS. Case No.-337 Year-2024 Thana- BACHHWARA District- Begusarai
======================================================
1. Mithlesh Ray @ Mithilesh Kumar, aged about 23 years (Male),
2. Hari Kishor Ray @ Hari Kishore Kumar, aged about 20 years (Male)
Both S/o Rampratap Ray @ Ram Pratap Yadav, resident of village -
Samsipur Diyara, P.S.- Bachhwara, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 23-02-2026 Heard Mr. Krishna Prabhat, learned counsel
appearing on behalf of the petitioners and Mr. Manoj Kumar,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Bachhwara P.S. Case No. 337 of 2024 registered for the
offence punishable under Sections 127(1), 115(2), 117(2), 109,
303(2), 305(A), 351(2), 352 and 3(5) of the BNS.
3. As per the allegation made in the FIR, while the
informant was milking his cow, petitioners along with other
accused persons had entered into the house of informant armed
with lathi, danda, iron rod and pistol and they had assaulted the
informant and also looted ten bags of wheat and a locket from
Patna High Court CR. MISC. No.69635 of 2025(3) dt.23-02-2026
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the neck of the informant.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and they have
falsely been implicated in the present case. General and
omnibus allegation has been levelled against the petitioners.
Specific allegation of opening fire is upon co-accused Akhilesh
Ray. Allegation of looting ten bags of wheat and locket is
ornamental in nature. On these grounds, petitioner seeks to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR it appears that general and omnibus allegation has been
levelled against the petitioners. Specific allegation of opening
fire is upon co-accused Akhilesh Ray. I am of the opinion that
petitioners have, prima facie, made out a case to be released on
pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.69635 of 2025(3) dt.23-02-2026
3/3
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Bachhwara P.S.
Case No. 337 of 2024, subject to the condition as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
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