Patna High Court
Gulli Choudhary @ Krish Choudhary @ Krish Kumar Chaudhary @ Gillu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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