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Patna High Court

Raju SawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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