Patna High Court
Rekha Devi @ Rekha SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that given the general and omnibus nature of the accusations, lack of forensic evidence, clean antecedents and parity with co‑accused, anticipatory bail must be granted.
Summary
The petitioners – Rekha Devi, Sonu Kumar Raj and Mukesh Kumar – sought anticipatory bail after being implicated in a murder case where the deceased’s father was allegedly beaten to death. The prosecution charged them under several sections of the Indian Penal Code, but the petitioners argued they were innocent, citing an old enmity, lack of any external or internal injuries on the post‑mortem report, and that the death was due to poisoning. They also highlighted that the allegations were vague, omnibus and did not specify any overt act by them, and that co‑accused had already been granted anticipatory bail in a similar case. The State opposed the bail. Considering the general nature of the accusations, the forensic findings, the petitioners’ clean antecedents and the principle of parity with co‑accused, the court allowed the petition for anticipatory bail. The court ordered that if arrested within eight weeks, each petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Indian Penal Code.
Issues considered
- Whether anticipatory bail should be granted in view of the vague and omnibus nature of the accusations under the listed IPC sections
- Whether the lack of forensic evidence of assault negates the basis for arrest
- Whether parity with co‑accused who were granted anticipatory bail warrants the same relief
Legislation cited
- Indian Penal Code — s. 103, 109, 115, 117, 126, 190, 191, 329, 351, 352
Subjects
- anticipatory bail
- Indian Penal Code
- general accusation
- parity
- clean antecedents
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83273 of 2025
Arising Out of PS. Case No.-20 Year-2025 Thana- GOH District- Aurangabad
======================================================
1. Rekha Devi @ Rekha Singh W/o Sonu Kumar Raj @ Sonu Kumar @ Sonu
Singh R/o vill- Bazar Verma, Post- Kaithisiro, PS- Goh, Dist- Aurangabad
Bihar
2. Sonu Kumar Raj @ Sonu Kumar @ Sonu Singh S/o Ramekbal Singh R/o
vill- Bazar Verma, Post- Kaithisiro, PS- Goh, Dist- Aurangabad Bihar
3. Mukesh Kumar S/o Bipin Yadav @ Panda Yadav R/o vill- Bazar Verma,
Post- Kaithisiro, PS- Goh, Dist- Aurangabad Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Alok Kumar, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 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 191(2),
190, 126(2), 115(2), 117(2), 109(1), 103, 329(3), 352 and 351(2)
of the B.N.S..
3. As per prosecution case, it is alleged that father of
informant was beaten to death by all the named accused
persons, including these petitioners.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.83273 of 2025(2) dt.09-02-2026
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have committed no offence. Petitioners have falsely been
implicated in this case due to old enmity. As per prosecution
case, all five F.I.R. named accused persons, including these
petitioners, assaulted father of informant, however, as per post
mortem report, no external or internal injury were found on the
body of the deceased, which itself falsifies the entire
prosecution case. Moreover, allegation of assault is general and
omnibus and no specific accusation of overt act has been alleged
against these petitioners. As a matter of fact, the deceased
consumed poison and fell down due to which he got injured and
died during course of treatment. It is further submitted that
similarly situated co-accused persons have already been granted
the privilege of anticipatory bail by this Hon’ble Court vide
order date 04.11.2025 passed in Cr. Misc. No. 48163 of 2025.
Petitioners claim clean antecedents.
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, general and omnibus nature of accusation, materials that
have surfaced during course of investigation, claim based on
parity and clean antecedents of the petitioners, the prayer for
Patna High Court CR. MISC. No.83273 of 2025(2) dt.09-02-2026
3/3
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
First Class, Daudnagar, Aurangabad in connection with Goh P.S.
Case No. 20 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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