Patna High Court
Rajeev Kumar @ Rishi SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that anticipatory bail under Section 438 CrPC could be granted as the petitioner had no specific allegation against him and possessed a clean antecedent.
Summary
The petitioner, Rajeev Kumar, sought anticipatory bail in connection with FIR No.368 of 2025 alleging offences under various sections of the BNS Act. The prosecution alleged that a group assaulted the informant's brother and stole valuables, but the petitioner argued that the FIR contained only a general, omnibus allegation against all accused and no specific charge against him. He also highlighted his clean antecedent. The State opposed the bail. The Court considered the lack of specific allegation, the petitioner’s clean record, and the provisions of Section 438 of the CrPC and Section 482 of the BNSS Act, and granted anticipatory bail subject to strict conditions including bond, sureties, cooperation with trial, and non‑tampering with evidence. The bail order required surrender within thirty days and compliance with conditions set by the lower court.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is named in the FIR but no specific allegation of an overt act is made against him.
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
- Whether Sections 438 of the Code of Criminal Procedure and 482 of the BNSS Act are applicable to the present case.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- clean antecedent
- omnibus allegation
- FIR
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89117 of 2025
Arising Out of PS. Case No.-368 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
Rajeev Kumar @ Rishi Singh S/o Subin Singh @ Sumin Singh Resident of
village- Nardidih, P.S.- Nardiganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr.Bipin Kumar, learned counsel for the
petitioner and Mr.Anand Kishore Choudhary, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Nardiganj P.S. Case No.368 of 2025, dated
02.10.2025 registered for the offences punishable under
Sections 191(2), 191(3), 115(2), 126(2), 109, 352, 303(2)/74,
351(2) of BNS, 2023.
3. The prosecution case, in short, is that on the date of
incident, around 10-15 persons suddenly arrived at the place of
occurrence and started assaulting the brother of the informant
with an iron rod and lathis, and also snatched his gold chain and
cash amounting to Rs.1,000/-.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.89117 of 2025(2) dt.12-01-2026
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submits that the petitioner has clean antecedent. Although the
petitioner is named in the FIR but there is no specific allegation
of any assault or overt-act attributed against the petitioner in the
FIR rather there is general and omnibus allegation against all the
accused persons including the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and there is no specific allegation of any assault or
overt-act attributed against the petitioner rather there is general
and omnibus allegation against all the accused persons including
the petitioner, let the petitioner, above named, in the event of his
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
learned Chief Judicial Magistrate, Nawada in connection with
Nardiganj P.S. Case No.368 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of BNSS, 2023 and with other
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner 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 petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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