Patna High Court
Raju SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to a bail bond and conditions under Section 482(2) of the CrPC.
Summary
The petitioners—Raju, Milan, Annand Kumar and Shivam Kumar—sought anticipatory bail fearing arrest in a case registered under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code for allegedly assaulting an informant and his family, causing simple injuries. They contended that the allegations were vague, omnibus, and that no specific overt act was ascribed to them, emphasizing their clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the general nature of the accusation, the minor injuries, and the petitioners' clean records, granted anticipatory bail subject to a bond of Rs 10,000 each with two sureties and conditions under Section 482(2) of the CrPC. The order directs that if arrested within eight weeks, the petitioners be released on bail on compliance with the stipulated conditions.
Issues considered
- What is the appropriateness of granting anticipatory bail when the accusations are general and omnibus in nature?
- Do the nature of injuries and the petitioners' clean antecedents justify bail despite the seriousness of the IPC offences alleged?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- omnibus accusation
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70207 of 2025
Arising Out of PS. Case No.-522 Year-2022 Thana- BIHTA District- Patna
======================================================
1. Raju Saw S/o Shyam Nandan Saw Resident of Village- Parari, P.S- Bihta,
District- Patna.
2. Milan Saw S/O Shyam Nandan Saw Resident of Village- Parari, P.S- Bihta,
District- Patna.
3. Annand Kumar S/O Mukesh Saw Resident of Village- Parari, P.S- Bihta,
District- Patna.
4. Shivam Kumar S/O Milan Saw Resident of Village- Parari, P.S- Bihta,
District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Sailesh Kumar, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-01-2026 Heard Mr. Sailesh Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Pramod Kumar Pandey,
learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 341, 323,
307, 379, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that on
account of trivial dispute, all these accused petitioners assaulted
informant and his family members as a result of which, five
persons sustained injuries.
Patna High Court CR. MISC. No.70207 of 2025(4) dt.13-01-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Allegation of assault is general and
omnibus and no specific accusation of any overt act has been
alleged against these petitioners. Doctor has found the injuries,
sustained by the injured, simple in nature. 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, nature of
injuries sustained by the injured 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.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. 1st, Danapur,
Patna in connection with Bihta P.S. Case No. 522 of 2022,
subject to condition as laid down under Section 482(2) of the
Patna High Court CR. MISC. No.70207 of 2025(4) dt.13-01-2026
3/3
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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