Created by Fuzzy Cloud

Patna High Court

Pintu Dom @ Pintu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                       3/3




                     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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.