Patna High Court
Ramjeet Chaudhari @ Ranjeet ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners as the allegations against them were general and they possessed clean antecedents.
Summary
The petitioners, four residents of Sisva Saraiya in West Champaran, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that on 22 October 2024 the accused, armed with weapons, assaulted an informant, fired upon him and set his vehicle ablaze. The petitioners contended that the FIR contains only general and omnibus allegations against them, with specific charges directed at other co‑accused, and asserted their innocence and clean antecedents. They also highlighted that similarly situated co‑accused had already been granted anticipatory bail in a related matter. Considering the lack of specific allegations, the principle of parity and the petitioners’ clean records, the Court allowed the prayer for anticipatory bail, directing them to furnish a bail bond of Rs 10,000 each with two sureties within eight weeks, subject to Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the presence of general allegations in the FIR
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 191(1), 303(2), 482(2)
Subjects
- anticipatory bail
- general allegations
- omnibus accusation
- clean antecedents
- Section 482
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84935 of 2025
Arising Out of PS. Case No.-366 Year-2024 Thana- BAIRIYA District- West Champaran
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1. Ramjeet Chaudhari @ Ranjeet Chaudhari S/o Pannanal Chaudhari R/o
village - Sisva Saraiya, P.S - Bairiya, District - West Champaran
2. Rata Chaudhari @ Rata Kumar @ Tata Chaudhari @ Vasant Chaudhari S/o
Dinesh Chaudhari R/o village - Sisva Saraiya, P.S - Bairiya, District - West
Champaran
3. Amar Chaudhari @ Ranjeet Chaudhari S/o Ramchandra Chaudhari R/o
village - Sisva Saraiya, P.S - Bairiya, District - West Champaran
4. Kundar Kumar @ Kundan Kumar Chaudhari @ Kundan Chaudhari S/o
Madhu Chaudhari R/o village - Sisva Saraiya, P.S - Bairiya, District - West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioners : Mr. Sarvesh Kashyap, Advocate
For the State : Mr. Zainul Abedin, 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(1),
126(2), 115(2), 118(2), 303(2) and 109 of the Bharatiya Nyaya
Sanhita and Section 27 of Arms Act.
3. As per prosecution case, on 22.10.2024 at about 6
PM, when informant was returning home, all the F.I.R. named
accused persons, including these petitioners, armed with various
weapons, brutally assaulted and fired upon him. It is further
Patna High Court CR. MISC. No.84935 of 2025(2) dt.09-02-2026
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alleged that the accused persons also set the vehicle of
informant on fire.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of assault is against co-accused
Munna Chaudhary and Saheb Chaudhary and accusation of
setting the vehicle of informant on fire is against co-accused
Amar Chaudhary. So far as these petitioners are concerned,
there are general and omnibus allegations and no specific
accusation of overt act has been alleged against them. It is
further submitted that similarly situated co-accused persons
have already been granted anticipatory bail by this Hon’ble
Court vide order dated 10.09.2025 passed in Cr. Misc. No.
63000 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, claim based on
parity and clean antecedents of the petitioners, the prayer for
grant of anticipatory bail to the petitioners is allowed.
Patna High Court CR. MISC. No.84935 of 2025(2) dt.09-02-2026
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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 Chief Judicial
Magistrate, Bettiah, West Champaran in connection with Bairiya
P. S. Case No. 366 of 2024, 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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