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Patna High Court

Gulli Choudhary @ Krish Choudhary @ Krish Kumar Chaudhary @ Gillu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted where the allegations are vague, general and omnibus and no specific overt act is alleged against the petitioner.

Summary

The petitioners, Gulli and Gajendra Choudhary, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. and the POCSO Act. The prosecution alleged that co‑accused Chiku Choudhary raped the minor daughter of the informant and attempted to rape the elder daughter, and that the petitioners, being relatives of Chiku, participated in assaulting the informant. The petitioners contended that the FIR contains only a general, omnibus accusation against them with no specific allegation of an overt act. No counsel appeared for the informant, the opposite party. The State opposed the bail, but the court noted the vague nature of the allegations and the lack of specific charges against the petitioners. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on bail with a bond of Rs. 10,000 and two sureties, subject to Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail can be granted when the accusation against the petitioner is general and omnibus without a specific allegation of an overt act

Legislation cited

  • B.N.S. — s. 126(2), 3(5), 351(2), 352, 62, 64, 65(1)
  • POCSO Act — s. 4, 8

Subjects

  • anticipatory bail
  • general and omnibus accusation
  • POCSO Act
  • sexual assault
  • Section 482(2)
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70456 of 2025
                   Arising Out of PS. Case No.-145 Year-2025 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
           1.     Gulli Choudhary @ Krish Choudhary @ Krish Kumar Chaudhary @ Gillu
                  Chaudhary Gajendra Narayan Choudhary @ Baua choudhary @ Gajendra
                  Choudhary R/O village - Kuseshwarsthan, P.S - kuseshwarsthan, District-
                  Darbhanga
           2.    Gajendra Narayan Choudhary @ Bauya choudhary @ Gajendra Choudhary
                 S/O Late Kailu Choudhary a

                                                                                 ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    X S/O Y R/O village - Kuseshwarsthan, P.S - kuseshwarsthan, District-
                 Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners    :       Ms. Vaishnavi Singh , Advocate
                 For the State          :       Mr. Mohammad Sufyan, APP
                 For the Informant      :       None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. Despite filing Vakalatnama, no one appears on

                   behalf of the informant/Opposite Party No. 2.

                                3. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2), 64,

                   65(1), 62, 352, 351(2) and 3(5) of the B.N.S. and Sections 4 and

                   8 of the POCSO Act.

                                4. As per prosecution case, co-accused Chiku

                   Choudhary used to follow minor daughter of informant and
Patna High Court CR. MISC. No.70456 of 2025(3) dt.13-01-2026
                                            2/3




          make sexually coloured remarks. It is alleged that on 31.05.2025

          at about 4 AM, while minor daughter of informant was sleeping

          in her room, in the meantime, co-accused Chiku Choudhary

          entered in the house and committed rape upon her. Thereafter,

          when elder daughter of informant came to save her, co-accused

          Chiku Choudhary also tried to rape her, threw her down and ran

          away. It is further alleged that when informant and his father

          went to the house of the accused persons to make complaint, all

          the F.I.R. named accused persons, including these petitioners,

          abused and assaulted them and also threatened of dire

          consequences.

                       5. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. From bare perusal of the F.I.R. it is

          apparent that specific accusation of sexual assault is against co-

          accused Chiku Choudhary. Petitioners have falsely been

          implicated in this case merely because they Petitioner No. 1

          happens to be younger brother and Petitioner No. 2 happens to

          be father of co-accused Chiku Choudhary. Allegation of abuse

          and assault is general and omnibus and no specific accusation of

          overt act has been alleged against these petitioners.

                       6. Learned A.P.P. for the State has vehemently
             Patna High Court CR. MISC. No.70456 of 2025(3) dt.13-01-2026
                                                         3/3




                       opposed the prayer for grant of anticipatory bail to the

                       petitioners.

                                    7. Considering the facts and circumstances of the case

                       and general and omnibus nature of accusation, the prayer for

                       grant of anticipatory bail to the petitioners is allowed.

                                    8. 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 Special Judge,

                       POCSO, Darbhanga in connection with Kuseshwarsthan P.S.

                       Case No. 145 of 2025, subject to condition as laid down under

                       Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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