Patna High Court
Dharamnath Singh @ Dharmanath SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the general and omnibus nature of the accusation and the parity with co‑accused who were granted bail, anticipatory bail should be granted to the petitioner.
Summary
The petitioner, Dharamnath Singh, was named in an FIR alleging assault and related offences under multiple sections of the Indian Penal Code, leading to the death of the informant's bhabhi. Although the police exonerated him in a final report, the magistrate took cognizance, which was later set aside by the Additional Sessions Judge. The petitioner feared arrest when the trial resumed, and sought anticipatory bail, arguing that the accusation was general and omnibus and that co‑accused had been granted bail on similar grounds. The State opposed, citing specific allegations and the petitioner’s prior criminal antecedents. The High Court, noting the parity with co‑accused and the lack of a specific overt act attributed to the petitioner, allowed the anticipatory bail, directing bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted when the accusation is general and omnibus in nature
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail
- Whether parity with co‑accused who were granted anticipatory bail warrants the same relief
- Whether Section 482(2) of the Criminal Procedure Code empowers the High Court to enlarge bail in this case
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 354, 448, 504, 506
Subjects
- anticipatory bail
- omnibus accusation
- parity
- Indian Penal Code
- Section 482
- criminal antecedents
- High Court
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73690 of 2025
Arising Out of PS. Case No.-268 Year-2021 Thana- GOPALPUR District- Gopalganj
======================================================
Dharamnath Singh @ Dharmanath Singh S/o Late Gorakh Singh @ Late
Gorakhnath Singh Resident of Village - Pulwariya, P.S - Kuchaykot, District -
Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rahul Kumar Dubey, Advocate
For the State : Mr. Ramesh Chandra, APP
For the Informant : Mr. Shubhesh Pandey, Advocate
Mr. Amit Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 147, 148,
149, 323, 324, 302, 307, 448, 354B, 504 and 506 of the Indian
Penal Code.
3. As per prosecution case, informant alleged that all
the F.I.R. named accused persons, including this petitioner,
came and assaulted his bhabhi, nephew and niece as his bhabhi
objected the threat of accused persons of withdrawing the case
earlier instituted against them. It is further alleged that during
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2/4
course of treatment, bhabhi of informant died.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Though petitioner is named in the F.I.R.
but police, after threadbare investigation, came to a considered
conclusion that the petitioner is innocent and thus, submitted
Final Form No. 108 of 2022 dated 05.07.2022 exonerating the
petitioner of the allegations, but the learned Magistrate,
differing with the Police report, took cognizance of the offences
by order dated 07.11.2022. It is submitted that the order of
cognizance was challenged in Cr. Revision No. 1545 of 2022 in
the Court of learned Additional Sessions Judge-III, Gopalganj
and the learned Additional Sessions Judge-III, Gopalganj, after
hearing the learned counsel for the parties, set aside the order of
cognizance by order dated 09.01.2023. It is next submitted that
thereafter, trial commenced and in the Session Trial No. 753 of
2023, the petitioner was summoned to face trial by order dated
23.11.2024 and thus, he apprehends his arrest. It is further
submitted that co-accused Rintu Shukla and Nitesh Rai, having
similar and identical allegations, have already been granted the
privilege of anticipatory bail by a Co-ordinate Bench of this
Hon’ble Court vide order dated 25.09.2025 passed in Cr. Misc.
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No. 64330 of 2025. Moreover, allegation of assault is general
and omnibus and no specific accusation of overt act has been
alleged against this petitioner.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of anticipatory bail to the petitioner and
submitted that petitioner is named in the F.I.R. with specific
accusation that he, along with other accused persons, assaulted
bhabhi, nephew and niece of the informant due to which bhabhi
of informant died during course of treatment. Petitioner has got
three criminal antecedents. It is further submitted that prayer for
grant of anticipatory bail of one of the similarly situated co-
accused person, namely Shubhnath Rai, has already been
rejected by a Co-ordinate Bench of this Hon’ble Court vide
order dated 15.09.2025 passed in Cr. Misc. No. 61571 of 2025.
6. However, from perusal of the records it is apparent
that the order dated 15.09.2025 passed in Cr. Misc. No. 61571 of
2025 has already been considered by the Co-ordinate Bench of
this Hon’ble Court while allowing the prayer for grant of
anticipatory bail to co-accused Rintu Shukla and Nitesh Rai vide
order dated 25.09.2025 passed in Cr. Misc. No. 64330 of 2025.
7. Considering the facts and circumstances of the
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case, general and omnibus nature of accusation and claim based
on parity, the prayer for grant of anticipatory bail to the
petitioner is allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional District and
Sessions Judge-III, Gopalganj in connection with Gopalpur P.S.
Case No. 268 of 2021, 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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