Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, subject to bond and conditions, finding no specific allegation of overt act against them.
Summary
The petitioners, seven residents of Bharpura, sought bail after an FIR (Sonpur P.S. Case No. 626 of 2025) alleged they assaulted an informant with lathi and danda, invoking sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bhartiya Nagarik Suraksha Sanhita (BNS). They contended that the allegations were fabricated, that no specific act was ascribed to them individually, and that the case was a retaliatory filing linked to a separate case (Sonpur P.S. Case No. 623 of 2025). The Additional Public Prosecutor opposed bail, arguing the seriousness of the offences. The High Court observed the lack of a specific allegation of overt act against the petitioners and, applying Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the BNS, granted bail on a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedent. The order directed the petitioners to surrender within thirty days if arrested and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether the petitioners are entitled to bail despite the FIR alleging assault under the BNS.
- Whether the absence of a specific allegation of overt act against the petitioners warrants the grant of bail under Section 438(2) CrPC and Section 482(2) BNS.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 109, 115, 126, 3, 351, 352, 482
- Code of Criminal Procedure — s. 438
Subjects
- bail
- false FIR
- assault
- criminal procedure
- Section 438
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
- criminal antecedent
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86748 of 2025
Arising Out of PS. Case No.-626 Year-2025 Thana- SONEPUR District- Saran
======================================================
1. Abhishek Kumar S/o Chandrama Paswan R/o Village- Bharpura, P.S.-
Sonpur, District- Saran at Chapra
2. Aman Kumar S/o Pramod Paswan R/o Village- Bharpura, P.S.- Sonpur,
District- Saran at Chapra
3. Prem Kumar S/o Shambhu Paswan R/o Village- Bharpura, P.S.- Sonpur,
District- Saran at Chapra
4. Banti Kumar @ Sunil Kumar S/o Hardayal Paswan R/o Village- Bharpura,
P.S.- Sonpur, District- Saran at Chapra
5. Kunal Kumar @ Kunal S/o Sale Ram R/o Village- Bharpura, P.S.- Sonpur,
District- Saran at Chapra
6. Jyoti Kumar S/o Sale Ram R/o Village- Bharpura, P.S.- Sonpur, District-
Saran at Chapra
7. Suraj Kumar @ Suraj Paswan S/o Sale Ram R/o Village- Bharpura, P.S.-
Sonpur, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Shakti Suman Kumar, learned counsel for
the petitioner and Mr. Anuj Kumar Shrivastava, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Sonpur P.S. Case No. 626 of 2025, F.I.R. dated
27.06.2025 for the offences punishable under Sections 126(2),
115(2), 109, 352, 351(2) and 3(5) of the BNS.
Patna High Court CR. MISC. No.86748 of 2025(2) dt.08-01-2026
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3. As per the First Information Report, due to previous
dispute, the petitioner along with other co-accused persons
assaulted to the informant by means of lathi and danda causing
injury on the nose and head of the informant.
4. Learned counsel for the petitioners submits that
petitioner nos. 1 and 2 having one case other than the present
case. Petitioner nos. 3 to 7 have clean antecedent. He further
submits that the allegation as alleged in the F.I.R. is false and
fabricated and the petitioners have not committed any offences
as alleged in the F.I.R., rather the the present case is counter
blast of Sonpur P.S. Case No. 623 of 2025 filed by the petitioner
no. 1 against the informant and her family members. He further
submits that although petitioners are named in the F.I.R., from
perusal of the F.I.R., it appears that there is no specific
allegation of assault against these petitioners rather there is
general and omnibus allegation against all the accused persons
including the petitioners.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
that there is no specific allegation of overt act against the
petitioners, let the petitioners, above named, in the event of
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arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Saran at Chapra in
connection with Sonpur P.S. Case No. 626 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
Patna High Court CR. MISC. No.86748 of 2025(2) dt.08-01-2026
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acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
khushbu/-
U T
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