Patna High Court

Devanand KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was denied to petitioner No. 1 but granted to petitioner No. 2 subject to conditions under section 482(2) of the BNSS, 2023.

Summary

The petitioners, Devanand Kumar and Ramanand Kumar, were named in an FIR for assaulting an informant and his family, with charges under several sections of the Bharatiya Nagarik Suraksha (BNS). They applied for pre‑arrest bail, claiming the allegations against them were general and omnibus and that they have clean antecedents. The State opposed bail, asserting a specific allegation that petitioner No. 1 assaulted the informant with a weapon causing injury. The Court held that the specific allegation against petitioner No. 1 warranted denial of bail, while the general nature of the accusation against petitioner No. 2, coupled with his clean record, justified granting bail subject to conditions. Bail was ordered for petitioner No. 2 under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, with a bond and sureties, and bail was denied to petitioner No. 1.

Issues considered

What is the appropriate approach to granting pre‑arrest bail when the charge sheet contains a general or omnibus allegation versus a specific allegation?
Whether the clean antecedent of the accused and the nature of the alleged offence justify bail under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha (BNS) — s. 109, 115(2), 117(2), 126(2), 191(2), 303(2), 351(2), 352
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)

Subjects

pre‑arrest bail
omnibus allegation
clean antecedent
assault
criminal procedure
Bharatiya Nagarik Suraksha
Bharatiya Nagarik Suraksha Sanhita
Section 482
High Court bail order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.795 of 2026
                    Arising Out of PS. Case No.-135 Year-2025 Thana- DEWARIA District- Muzaffarpur
               ======================================================
           1 . Devanand Kumar S/o Late Rajendra Prasad R/o Chand Kewari, P.S.- Deoria,
                District- Muzaffarpur
           2.    Ramanand Kumar Son of Late Rajendra Prasad R/o Chand Dewari, P.S.-
                 Deoria, District- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Patanjali Rishi , Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                        Heard learned counsel for the petitioners and the
                   State .
                                2. Petitioners apprehend their arrest in a case
                   registered for the offence punishable under sections 191 ( 2 ),
                   126 ( 2 ), 115 ( 2 ), 117 ( 2 ), 109, 303 ( 2 ), 352 and 351 ( 2 ) of
                   BNS.
                                3 . As per the prosecution case , all the F.I.R. named
                   accused persons including these petitioners armed variously
                   came and assaulted informant and his family members.
                   Petitioner No. 1 assaulted informant with farsa due to which he
                   sustained injury .
                                4. Learned counsel for the petitioners contended that
                   allegation of assault is general and omnibus against these
                   petitioners. Petitioners claim clean antecedent.
                                5 . Learned counsel for the State opposed the bail and
                   submitted that there is specific allegation against petitioner No.
            Patna High Court CR. MISC. No.795 of 2026(2) dt.21-01-2026
                                                        2/2




                      1 that he assaulted informant with farsa due to which he
                      sustained injuries.
                                   6. Considering the nature of accusation against
                      petitioner No. 1 , the prayer for pre – arrest bail of petitioner
                      No. 1 is rejected.
                                    7. Considering the fact that allegation of assault is
                      general and omnibus against petitioner No.              2,   clean
                      antecedent and other circumstances of the case , in the event of
                      arrest or surrender within eight weeks from today, let the
                      petitioner No. 2, as named above, 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 the learned
                      Additional Chief Judicial Magistrate V , West, Muzaffarpur in
                      connection with Deoria P.S. Case No. 135 of 2025 , subject to
                      the conditions laid down under section 482 ( 2 ) of the Bharatiya
                      Nagarik Suraksha Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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