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Patna High Court

Sudhanshu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted pre‑arrest bail to the petitioners, subject to bond and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.

Summary

The petitioners, seven residents of Shankarpur Road, sought pre‑arrest bail in connection with PS Dighwara case No. 255 of 2025, which alleged offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 109 and 351(2) of the Bharatiya Nagrik Suraksha Sanhita. They were accused of forcibly attempting to take away a minor child of an informant with intent to kill, during which co‑accused Sharwan Kumar allegedly assaulted a rescuer with an iron rod. The petitioners argued that the FIR’s omnibus nature and the simple nature of injuries to four persons did not demonstrate their active participation, contending that they were implicated only because of their relationship with the main accused. The State countered that the injuries indicated the petitioners’ complicity. The Court, noting the lack of specific evidence against the petitioners and the minor injuries, granted them bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the omnibus allegations in the FIR
  • Whether the nature and extent of injuries sustained by the victims justify denial of bail

Legislation cited

Subjects

  • pre‑arrest bail
  • omnibus allegation
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482
  • criminal procedure
  • injury
  • complicity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83999 of 2025
                       Arising Out of PS. Case No.-255 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
           1.     Sudhanshu Kumar S/o- Vidhya Lal Sah Village- Shankarpur Road , P.s-
                  Dighwara, Dist- Saran at Chapra
           2.    Sandeep Kumar S/o- Late Lalan Prasad Village- Shankarpur Road , P.s-
                 Dighwara, Dist- Saran at Chapra
           3.    Vipin Kumar @ Vipin Patwa S/o- Raju Patwa Village- Shankarpur Road ,
                 P.s- Dighwara, Dist- Saran at Chapra
           4.    Sunil Patwa @ Sunil Kumar Patwa S/o- Raju Patwa Village- Shankarpur
                 Road , P.s- Dighwara, Dist- Saran at Chapra
           5.    Gautam Kumar S/o- Lakshmi Prasad Village- Shankarpur Road , P.s-
                 Dighwara, Dist- Saran at Chapra
           6.    Vivek Kumar S/o- Late Mahesh Prasad Village- Shankarpur Road , P.s-
                 Dighwara, Dist- Saran at Chapra
           7.     Raja Kumar @ Vishnu Kumar S/o- Santosh Prasad Village- Shankarpur
                  Road , P.s- Dighwara, Dist- Saran at Chapra
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Adv.
                 For the Opposite Party/s :       Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   07-01-2026                  Heard the learned Advocate for the petitioners and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Dighwara P.S. Case No. 255 of 2025, registered

                   for the offences punishable under Sections 191(2), 191(3), 190,

                   126(2), 115(2), 109 and 351(2) of the B.N.S.

                                3. Allegedly while the son of the informant along with

                   his friend had gone for strolling, in the meanwhile, 35 accused
Patna High Court CR. MISC. No.83999 of 2025(2) dt.07-01-2026
                                            2/3




          persons, including the petitioners came there and forcibly tried to

          take away the minor child of the informant for the intention to kill.

          However, on screaming, when Babloo Alam came to his rescue,

          co-accused Sharwan Kumar assaulted him by means of iron rod

          on his head, due to which he sustained serious head injury.

                       4. Learned Advocate for the petitioners referring to

          the FIR contended that save and except omnibus nature of

          allegation against 35 persons, except co-accused Sharwan

          Kumar, there is no whisper that the petitioners have anyhow

          actively participated in the crime. In fact only on account of the

          fact that the petitioners have good relationship with main

          accused persons, their names have been implicated in this case

          in order to wreck vengeance and put pressure. It is further

          contended that in the said incidence, however, four persons have

          sustained injuries, but all the injuries have been found to be

          simple in nature. To support the aforesaid contention, injury

          reports have been placed on record as Annexures- 2 to 5 of the

          bail application. The petitioners are though facing one criminal

          antecedent over their head, however, they undertake that they

          will fully co-operate in the proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that because
            Patna High Court CR. MISC. No.83999 of 2025(2) dt.07-01-2026
                                                        3/3




                      of active participation of the petitioners, four persons have

                      sustained injuries and, as such, the complicity of the petitioners

                      cannot be denied.

                                   6. Having considered the submission advanced by

                      learned Advocate for the respective parties and taking note of

                      the omnibus nature of allegation, coupled with the simple

                      injuries sustained to the informant, let the petitioners above

                      named be released on bail, in the event of their arrest or

                      surrender before the court below within a period of four weeks

                      from the date of receipt/production of a copy of this order, upon

                      furnishing bail bonds 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 1st, Saran at Chapra

                      in connection with Dighwara P.S. Case No. 255 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

                      petitioners.



                                                  (Harish Kumar, J)
shivank/-

U      T


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