Patna High Court

Rambabu DasversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioners on the condition of a bond and sureties, as the allegations were general and the petitioners had a clean antecedent.

Summary

The petitioners, four brothers, sought bail after being implicated in an assault case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The prosecution alleged that on 24 May 2025 the accused, armed, assaulted an informant and his family, causing injuries and allegedly dragging the informant's wife, who was left semi‑naked. The petitioners contended that the allegations were general and omnibus, lacking specific overt acts, and emphasized their clean antecedent. The State opposed bail, arguing the seriousness of the offences. The Court, noting the lack of specific incriminating details, the petitioners' clean record, and the principles of Section 482(2) BNSS, ordered bail on the condition of a Rs.10,000 bond with two sureties each, subject to compliance with the Additional Chief Judicial Magistrate.

Issues considered

Whether bail can be granted when the charge sheet contains general and omnibus allegations without specific overt acts.
Whether the petitioners' clean antecedent warrants bail despite the seriousness of the offences.
Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 351(2), 352, 482(2), 76

Subjects

bail
general allegation
omnibus charge
clean antecedent
BNSS
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73603 of 2025
                 Arising Out of PS. Case No.-234 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
           1.     Rambabu Das S/o Ramchandra Das R/o Village - Sisahani, P.S -

                 Pakaridayal, District - East Champaran
           2.    Arjun Kumar @ Arjun Das S/o Ramchandra Das R/o Village - Sisahani, P.S

                 - Pakaridayal, District - East Champaran
           3.    Anmol Kumar S/o Ramchandra Das R/o Village - Sisahani, P.S -

                 Pakaridayal, District - East Champaran
           4.    Ramchandra Das S/o Late Yogi Das R/o Village - Sisahani, P.S -

                 Pakaridayal, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s      :      Mr. Manoj Kumar , Advocate

                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   16-01-2026                          Heard learned counsel for the petitioners and the

                   State .

                                 2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 191 ( 2 ),

                   190, 126 ( 2 ), 115 ( 2 ), 109, 76, 352 and 351 ( 2 ) of BNS.

                                 3 . The case of the prosecution in brief, is that, on

                   24.05.2025 at about 09:30 PM, all the F.I.R. named accused

                   persons including these petitioners variously armed came and
Patna High Court CR. MISC. No.73603 of 2025(3) dt.16-01-2026
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          assaulted informant due to which informant sustained injury and

          when other family members of informant came to his rescue

          then they were also assaulted. It is further alleged that

          petitioners and other dragged wife of informant due to which

          she became semi-naked.

                       4. Learned counsel for the petitioners contended that

          allegation of assault is general and omnibus against these

          petitioners. No specific allegation of any overt act is alleged

          against them. Injury allegedly caused by these petitioners are

          simple in nature . Petitioners claim clean antecedent.

                       5 . Learned counsel for the State oppose the bail

          petition .

                         6 Considering the aforesaid facts, general and

          omnibus allegation , clean antecedent of these petitioners and

          other circumstances of the case , in the event of arrest or

          surrender within eight weeks from today, let the petitioners, as

          named above, 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 the learned Additional Chief

          Judicial Magistrate VIII East Champaran Motihari in connection

          with Pakaridayal P.S. Case No. 234 of 2025 , subject to the

          conditions laid down under section 482 ( 2 ) of the Bharatiya
            Patna High Court CR. MISC. No.73603 of 2025(3) dt.16-01-2026
                                                        3/3




                      Nagarik Suraksha Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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