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Patna High Court

Neeraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to bail bond and sureties, under Section 482(2) of the B.N.S.

Summary

The petitioners, a group of six relatives, were apprehended of being arrested in a case alleging assault on an informant and his wife, with offences listed under Sections 126(2), 115(2), 74, 351(2), 352 and 3(5) of the B.N.S. The prosecution alleged that the petitioners participated in a scuffle and assaulted the informant, causing injuries. The petitioners contended they were innocent, claiming the incident stemmed from a petty neighbour dispute and that the allegations were vague, general and omnibus with no specific overt act identified. The State opposed the grant of anticipatory bail. The Court, noting the general nature of the accusations and that all the offences except Section 74 were bailable, allowed the petition for anticipatory bail, directing that if arrested within eight weeks the petitioners be released on bail upon furnishing a bail bond and sureties, subject to conditions under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail can be granted when the accusations are general and omnibus without specific overt acts.
  • Whether the offences alleged are bailable and thus warrant anticipatory bail.
  • Whether the petitioners are likely to be arrested within the stipulated period.

Legislation cited

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

Subjects

  • anticipatory bail
  • general and omnibus accusation
  • bailable offences
  • assault
  • Section 482
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82988 of 2025
                       Arising Out of PS. Case No.-226 Year-2025 Thana- CHENARI District- Rohtas
                 ======================================================
           1.     Neeraj Kumar S/o Rampati Ram R/o Village - Khurmabad, P.S - Chenari,
                  District - Rohtas
           2.    Sonu Kumar S/o Rampati Ram R/o Village - Khurmabad, P.S - Chenari,
                 District - Rohtas
           3.    Prabha Kumari D/o Rampati Ram R/o Village - Khurmabad, P.S - Chenari,
                 District - Rohtas
           4.    Mukesh Kumar S/o Rampati Ram R/o Village - Khurmabad, P.S - Chenari,
                 District - Rohtas
           5.    Rampati Ram S/o Late Bigu Ram R/o Village - Khurmabad, P.S - Chenari,
                 District - Rohtas
           6.    Jamuni Devi W/o Rampati Ram R/o Village - Khurmabad, P.S - Chenari,
                 District - Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Rabindra Kumar, Advocate
                 For the State           :        Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

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

                   115(2), 74, 351(2), 352 and 3(5) of the B.N.S..

                                3. As per prosecution case, on 03.06.2025 at about 7

                   AM, when the informant and his wife went to fetch water from

                   hand-pump, in the meantime, all the F.I.R. named accused
Patna High Court CR. MISC. No.82988 of 2025(2) dt.05-01-2026
                                            2/3




          persons, including these petitioners, started teasing his wife and

          on protest, all of them assaulted informant with stick and rod

          due to which informant’s eye, chest and back got hurt. It is

          further alleged that the accused persons also assaulted wife of

          informant.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Both parties are next door

          neighbours and due to petty dispute, scuffle took place.

          Allegation of assault is general and omnibus and no specific

          accusation of overt act has been alleged against these

          petitioners. All sections are bailable except Section 74 of the

          B.N.S. which is supper-addition.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the case

          and general and omnibus nature of accusation, 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.
             Patna High Court CR. MISC. No.82988 of 2025(2) dt.05-01-2026
                                                         3/3




                       10,000/- (ten thousand) each with two sureties of the like

                       amount each to the satisfaction of learned Sub-Judge-VII-cum-

                       Additional Chief Judicial Magistrate, Sasaram, Rohtas in

                       connection with Chenari P.S. Case No. 226 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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