Created by Fuzzy Cloud

Patna High Court

Roshan Kumar @ Roushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners.

Summary

Petitioners Roshan Kumar and Asha Devi sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. The prosecution alleged that they, along with others, assaulted the informant's granddaughter, attacked the informant's family, and stole gold ornaments. The petitioners contended they were innocent, asserting that the incident stemmed from a petty village dispute and that the allegations were vague, general, and retaliatory, noting a prior counter‑case filed by them. The State and the informant opposed the bail, but the court considered the lack of specific charges, the clean antecedents of the petitioners, and the counter‑case context. 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 conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious charges under the B.N.S.
  • Whether the allegations constitute a specific charge sufficient to deny bail

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • criminal procedure
  • Section 482
  • general and omnibus accusation
  • clean antecedents
  • assault
  • counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7823 of 2026
                       Arising Out of PS. Case No.-166 Year-2025 Thana- CHAORI District- Bhojpur
                 ======================================================
           1.     Roshan Kumar @ Roushan Kumar S/O Prithvi Sahi @ Prithvi Sah R/O
                  Kolo Dihari, P.S- Chouri, Dist.- Bhojpur.
           2.    Asha Devi W/O Prithvi Sahu @ Prithvi Sahi R/O Kolo Dihari, P.S- Chouri,
                 Dist.- Bhojpur.

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Ajit Kumar Singh, Advocate
                 For the State           :        Mr. Arun Kumar Pandey, APP
                 For the Informant       :        Mr. Akash Kumar Mishra, Advocate
                                                  Mr. Abhay Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109, 118(1), 74, 352, 351(2), 303(2) and 3(5) of the

                   B.N.S..

                                3. The prosecution case, in brief, is that on 18.10.2025

                   at about 3:30 PM, grand-daughter of informant had gone to

                   purchase some items from the shop of Petitioner No. 1, in the

                   meantime, all the F.I.R. named accused persons, incuding these
Patna High Court CR. MISC. No.7823 of 2026(2) dt.20-02-2026
                                            2/3




          petitioners, armed with lathi and iron rod, abused and assaulted

          grand-daughter of informant. It is further alleged that when

          informant and his family members reached at the place of

          occurrence, they were also assaulted by all the named accused

          persons, including these petitioners. The accused persons also

          snatched gold ornaments from the informant and others.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, both parties are

          co-villagers and due to petty dispute, maar-peet took place

          between the parties in which both sides sustained injuries. There

          is case and counter-case. The present case is counter-blast of

          Chouri P.S. Case No. 165 of 2025 which was lodged by the

          petitioners’ side against informant and others. Moreover,

          allegation of assault is general and omnibus and no specific

          accusation of overt act has been alleged against these

          petitioners. Rest of the allegations are ornamental in order to

          make the case grave. Petitioners claim clean antecedents.

                       5. 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 petitioners.

                       6. Considering the facts and circumstances of the
             Patna High Court CR. MISC. No.7823 of 2026(2) dt.20-02-2026
                                                         3/3




                       case, general and omnibus nature of accusation, case and

                       counter-case and clean antecedents of the petitioners, the prayer

                       for grant of anticipatory bail to the petitioners is allowed.

                                    7. 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 Judicial Magistrate-

                       1st Class, Ara at Bhojpur in connection with Chouri P.S. Case

                       No. 166 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.