Patna High Court
Rohit RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed anticipatory bail to the petitioners, finding no specific overt act attributable to them and noting their clean antecedent.
Summary
The petitioners, Rohit Rai and Sandeep Rai, were implicated in FIR No. 187 of 2025 for alleged assault and robbery under several sections of the Bihar Penal Code. They claimed innocence, arguing that no specific overt act of assault could be attributed to them and that the allegations were general and omnibus. The State opposed anticipatory bail, contending that the petitioners were named in the FIR. The Court examined the clean antecedent of the petitioners and the lack of specific overt acts against them, and considered the material on record. Relying on Section 482(2) of the Bihar Criminal Procedure Code, the Court granted anticipatory bail subject to a bail bond and sureties, with conditions. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite their inclusion in the FIR
- Whether the absence of a specific overt act of assault against the petitioners justifies anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- assault
- FIR
- Section 482
- clean antecedent
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.742 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- Kumarbagh District- West Champaran
======================================================
1. Rohit Rai Son of Chandrika Rai Resident of Village - Marchaiya, P.S.-
Kumarbagh, District - West Champaran.
2. Sandeep Rai @ Sandeep Kumar Son of Binod Rai Resident of Village -
Marchaiya, P.S.- Kumarbagh, District - West Champaran.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Adv.
For the State : Ms. Madhuri Lata, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Kumarbagh P.S. Case No. 187 of 2025
registered for the offences punishable under Sections 126(2),
115(2), 329(3), 109, 303(2), 352, 351(2), 3(5) of BNS.
3. As per prosecution case, on 14/09/2025 the
informant was going by his vehicle towards his Chimney,
meanwhile goat of Prince Rai touched the informant's vehicle
upon which co-accused Prince Rai and Renu Devi surrounded
the informant's vehicle, abused him and assaulted him. Local
people resolved the matter. It is further alleged that on the same
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day, petitioners/ Rohit Rai and Sandeep Rai and co-accused
Prince Rai, Renu Devi, Umravati Devi, and Lalmuni Kunwar
having armed with various weapons came at the chimney of
informant and started abusing him and when informant forbade
to do so, petitioners caught hold the informant from behind and
co-accused Prince Rai assaulted upon the head of informant by
means of iron rod as a result of which informant sustained two
injuries on the head. Petitioner/Rohit Rai dragged the informant
on the ground by putting gamcha around his neck. It is further
alleged that co-accused Renu Devi, Prince Rai and Umrawati
Devi indiscriminately assaulted the informant upon his back and
stomach by means of lathi and danda. During the said scuffle, co
accused Lalmuni Kunwar, Renu Devi and Prince Rai took away
Rs. 1,64,000/- from the box of chimney of informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
alleged in the FIR and they have falsely been implicated in this
case. He further submits that there is general and omnibus
allegation against the petitioners. There is no specific overt-act
of assault against the petitioners. Specific allegation of assault is
attributed to co-accused Prince Rai, Renu Devi and Umrawati
Devi, who assaulted the informant by means of iron rod, lathi
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and danda. The informant sustained simple injury caused by
hard and blunt substance. From perusal of the FIR, it is crystal
clear that dispute arose on a very petty issue. There is case and
counter case between the parties. Apart from that, petitioners
bear no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners and submits that
petitioners are named in the FIR and hence, they cannot escape
from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioners, there is
no specific overt-act of assault against the petitioners, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioners
above-named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Bettiah, West Champaran in connection with
Kumarbagh P.S. Case No. 187 of 2025, subject to the conditions
as laid down under Section 482(2) of the B.N.S.S.
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7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
U T
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