Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail may be granted under Section 482 of the B.N.S.S., 2023 when the petitioner is subject only to a general allegation and not a specific charge, subject to reasonable conditions.
Summary
Anand Kumar's anticipatory bail petition was earlier dismissed as withdrawn. The remaining petitioner, Rajendra Mahto, filed an anticipatory bail application fearing arrest in a case registered under multiple sections of the B.N.S., 2023, alleging assault on the informant's sons. The FIR specifically charges other co-accused, while the allegation against Rajendra Mahto is general and omnibus. The State opposed the bail, but the court noted the lack of a specific charge against the petitioner. Applying Section 482 of the B.N.S.S., 2023, the court granted anticipatory bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties and surrender within eight weeks. The application was disposed of accordingly.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the B.N.S.S., 2023 to a person facing multiple offences with only a general allegation.
- Whether the general and omnibus nature of the accusation against the petitioner justifies the grant of bail.
- Whether the conditions imposed for bail are appropriate and sufficient.
Legislation cited
- B.N.S., 2023 — s. 109, 115, 118, 126, 127, 3, 303, 351, 352, 482, 74
Subjects
- anticipatory bail
- Section 482
- B.N.S. 2023
- general allegation
- FIR
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78144 of 2025
Arising Out of PS. Case No.-52 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
1. Anand Kumar S/o Amirlal Mahto R/O Vill.- Mohanpur, Ward No. 12, P.S.-
Bibhutipur, Dist.- Samastipur
2. Rajendra Mahto S/O Late Sukhilal Mahto @ Saukhi Mahto R/O Vill.-
Mohanpur, Ward No. 12, P.S.- Bibhutipur, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 28-01-2026 Earlier, vide order dated 08.01.2026, this anticipatory
bail petition stood dismissed as withdrawn in respect of
petitioner no. 1 namely Anand Kumar.
2. Heard learned counsel for the parties.
3. Sole petitioner (i.e. petitioner no. 2) apprehends his
arrest in a case registered for the offence under Sections 126(2),
127(2), 115(2), 118(1), 74, 109, 303(2), 352, 351(2), 3(5) of the
B.N.S., 2023.
4. It is alleged that all the F.I.R. named accused
persons including this petitioner assaulted both sons of
informant namely Amit Kumar and Sumit Kumar.
5. Learned counsel for the petitioner submits that as
Patna High Court CR. MISC. No.78144 of 2025(4) dt.28-01-2026
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per F.I.R., specific accusation of assault is against other co-
accused persons. So far as this petitioner / Rajendra Mahto is
concerned, there is general and omnibus allegation. Case and
counter case.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
7. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender within a period of eight weeks
from today, let the petitioner namely Rajendra Mahto be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, Rosera, District –
Samstipur / concerned Court in connection with Bibhutipur P.S.
Case No. 52 of 2025, subject to condition as laid down under
Section 482 of the B.N.S.S., 2023.
8. This application is, accordingly, disposed of.
(Prabhat Kumar Singh, J)
anay
U T
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