Patna High Court
Pintu Dom @ Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that the petitioner is entitled to bail because the accusations are omnibus, there is no specific allegation of injury by him, and his fair antecedent warrants release under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Pintu Dom, sought bail in a criminal case (PS Case No. 408 of 2025) where he was accused of assault, snatching valuables, and damaging property under multiple sections of the Bihar Nagarik Suraksha Sanhita. He argued that among the 19 accused, no specific allegation linked him to the assault causing injury, and the injury report indicated a blunt object, not his involvement. The State contended that the informant's son suffered grievous injury and that the petitioner was responsible. The court noted the omnibus nature of the accusations, the petitioner’s fair antecedent, and the injury report, and applied Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the allegations.
- Whether the omnibus nature of the accusations and the petitioner’s fair antecedent justify bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- criminal procedure
- omnibus accusation
- fair antecedent
- injury report
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83876 of 2025
Arising Out of PS. Case No.-408 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Pintu Dom @ Pintu Kumar Son of Late Shyamsundar Dom Resident of
Village - Gamail Ward No.- 2, P.S.- Bihariganj, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Singh
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Bihariganj P.S. Case No. 408 of 2025, registered for the
offences punishable under Sections 115(2), 118(1), 109(1),
126(2), 76, 324(2), 325, 303(2), 352, 351(2), 3(5) of the BNS.
3. The allegation against the petitioner is of causing
assault to the informant and her son along with other accused
persons, besides the allegation of snatching of valuables and
damaging the household articles.
4. Learned Advocate for the petitioner submitted that
besides the fact that altogether 19 persons have been made
accused in this case, there is no specific allegation attributed
against the petitioner of causing assault which led to any injury.
Moreover, the allegation of causing cut injury over the leg of the
Patna High Court CR. MISC. No.83876 of 2025(2) dt.06-01-2026
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informant’s son also does not corroborate with the injury report,
as has been discussed in the impugned order which clearly
suggests that the informant's son has sustained injury by hard
and blunt substance. It is further submitted that only on account
of the fact that the petitioner had some previsions enmity with
the informant and his family members, his name has been
implicated in this case; all the more there is no specific
accusation against the petitioner. Moreover, the petitioner bears
fair antecedent and he undertakes that he will fully cooperate in
the proceeding of the court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that in
the said incidence, the son of the informant has sustained
grievous injury and the petitioner along with other co-accused
persons are found to be responsible.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the omnibus nature of accusation, coupled with the fair
antecedent as well as the injury report which suggests that the
injury is caused by hard and blunt substance, let the petitioner
abovenamed be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
Patna High Court CR. MISC. No.83876 of 2025(2) dt.06-01-2026
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from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
SDJM-I, Udakishunganj, Madhepura in connection with
Bihariganj P.S. Case No. 408 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023, with the further condition that one of the bailors
shall be the own/close family members of the petitioner.
(Harish Kumar, J)
Anjani/-
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