Patna High Court
Rambabu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023.
Summary
The petitioners, six individuals from Rusulpur Osti, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable (B.N.S.) relating to assault and other offences. The prosecution alleged that ten accused entered the informant’s house and assaulted him and others, with specific allegations against other persons, while the petitioners faced only general, omnibus allegations. The petitioners argued that the dispute stemmed from a property partition conflict, with a pending partition suit and a counter‑case filed. The State opposed the bail, citing criminal antecedents, but the court noted that the petitioners were already on bail in other cases and that the allegations against them were vague. Considering the nature of the allegations and the existence of a case‑and‑counter‑case, the court granted anticipatory bail subject to a bond, sureties, cooperation with investigation, and the possibility of cancellation for non‑cooperation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges listed
- Whether the general and omnibus nature of allegations against the petitioners warrants bail
- Whether the existence of a property partition dispute and counter‑case affects the bail decision
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- section 438 CrPC
- property partition dispute
- assault
- general allegations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69708 of 2025
Arising Out of PS. Case No.-1361 Year-2024 Thana- MAHUA District- Vaishali
======================================================
1. Rambabu Singh S/O Chhathu Singh R/O Vill.- Rusulpur Osti, P.S.- Mahua,
District- Vaishali
2. Amarjit Kumar @ Amar Jeet Kumar Singh S/O Chhathu Singh R/O Vill.-
Rusulpur Osti, P.S.- Mahua, District- Vaishali
3. Rohit Kumar S/O Subodh Singh R/O Vill.- Rusulpur Osti, P.S.- Mahua,
District- Vaishali
4. Mohit Kumar S/O Subodh Singh R/O Vill.- Rusulpur Osti, P.S.- Mahua,
District- Vaishali
5. Raja Kumar S/O Rambabu Singh R/O Vill.- Rusulpur Osti, P.S.- Mahua,
District- Vaishali
6. Raj Kishor Kumar @ Raj Kishor S/O Rambabu Singh R/O Vill.- Rusulpur
Osti, P.S.- Mahua, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and
learned A.P.P for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 191 (2), 351, 352, 126 (2), 329 (3),
331, 324 (4), 115 (2), 118 (1), 109, 74, 76 and 303 (2) of B.N.S.
3. As per the prosecution case, accused persons
being ten in number entered the house of the informant and
indulged in assaulting the informant and others.
Patna High Court CR. MISC. No.69708 of 2025(4) dt.21-01-2026
2/3
4. Learned counsel for the petitioners submits that
it would be apparent from the first information report itself that
the specific allegation of assaulting the sister-in-law of the
informant is upon Nivod Kumar while the allegation of
inflicting injury on Rupesh Kumar is both upon Nivod Kumar
and Subodh Kumar. It is further submitted that so far as the
present petitioners are concerned there are only general and
omnibus allegations against them in the first information report.
As a matter of fact, there is a case and counter case and the
counter case has been brought on record by way of Annexure-
P/2 and injuries have been suffered on both the sides. Learned
counsel for the petitioner further submits that the entire dispute
has taken place on account of dispute with regard to partition of
property and a partition suit is also pending between the parties.
5. The application for anticipatory bail is opposed by
learned A. P.P. for the State on the ground that there are criminal
antecedents for which it has been responded that the petitioners
are on bail in all the cases and it has been responded that all the
cases have been filed by the co-sharer of the property.
6. Taking into consideration the facts and
circumstances and also considering the fact that there are
general and omnibus nature of allegation against the petitioners,
Patna High Court CR. MISC. No.69708 of 2025(4) dt.21-01-2026
3/3
coupled with the existence of case and counter case arising out
of partition dispute, let the petitioners, in the event of their arrest
or surrender before the learned Court below within a period of
four weeks, be released on anticipatory bail in connection with
Mahua P.S. Case No. 1361 of 2024 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 Court
below where the case is pending subject to the condition laid
down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023, further subject to
the following condition(s):
(i) One of the bailors would be close relative/family
members of the petitioners.
(ii) The petitioners will cooperate in the investigation
and trial and in case of any act of non-cooperation, the prosecution
would be at liberty to move an application for cancellation of bail
bonds of the petitioners.
(Soni Shrivastava, J)
vashudha/-
U T
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