Patna High Court
Roshan Kumar @ Roushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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
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