Patna High Court
Sudhanshu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 482(2)
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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