Patna High Court
Raghunandan Kumar Jha @ Raghunandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioners, holding that the allegations against them were general and omnibus and the specific charge of assault on the informant’s son was against another accused.
Summary
The petitioners – Raghunandan Kumar Jha, Neha Kumari, Bebi Devi, Priyanka Devi and Abhinandan Kumar Jha – applied for pre‑arrest bail in a case (PS‑382/2025) alleging offences under several sections of the Bihar Non‑Compulsory Statute (BNS), including assault and robbery. The FIR alleged that the accused assaulted an informant, his mother and three‑year‑old son with weapons and stole jewellery. The petitioners contended they were innocent and argued that the allegations against them were vague and omnibus, with the specific charge of assaulting the son directed at co‑accused Ravindra Jha. The State opposed bail. The Court held that, because the allegations against the petitioners were general and the specific allegation pertained to another accused, they were entitled to pre‑arrest bail subject to a bond and sureties, and directed the district court to verify any criminal antecedent that could void the order. The bail application was disposed with bail granted.
Issues considered
- Whether pre‑arrest bail should be granted when the FIR contains general and omnibus allegations against the accused.
- Whether a specific allegation against a co‑accused suffices to deny bail to other accused persons.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- general and omnibus allegations
- Bihar Non‑Compulsory Statute
- Criminal Procedure Code
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89480 of 2025
Arising Out of PS. Case No.-382 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
======================================================
1. Raghunandan Kumar Jha @ Raghunandan Kumar S/o Ravindra Jha
Resident of Village- Shahpur Undi, P.S. Shahpur Patory, Distt- Samastipur.
2. Neha Kumari @ Rajnandani Kumari Wife of Raghunandan Kumar Jha @
Raghunandan Kumar. Resident of Village- Shahpur Undi, P.S. Shahpur
Patory, Distt- Samastipur.
3. Bebi Devi Wife of Ravindra Jha. Resident of Village- Shahpur Undi, P.S.
Shahpur Patory, Distt- Samastipur.
4. Priyanka Devi @ Priyanka Kumari Wife of Abhinandan Kumar Jha @
Abhinandan Kumar @ Abhinandan Jha. Resident of Village- Shahpur Undi,
P.S. Shahpur Patory, Distt- Samastipur.
5. Abhinandan Kumar Jha @ Abhinandan Kumar @ Abhinandan Jha Son of
Ravindra Jha. Resident of Village- Shahpur Undi, P.S. Shahpur Patory, Distt-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shanti Bhushan Singh, Advocate.
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Shahpur Patory P.S. Case No. 382 of 2025 registered for
the offence punishable under Sections 126(2), 115(2), 117(2),
109, 74, 303(2), 352 and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., the
petitioners along with other accused persons assaulted the
Patna High Court CR. MISC. No.89480 of 2025(2) dt.15-01-2026
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informant, his mother and his three years son by means of lathi,
danda and paghariya hasua. Accused persons also snatched
golden chain and jitia from the neck of the informant’s mother.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
have committed no offence as alleged in the F.I.R. The
allegation levelled against the petitioners is general and
omnibus. Specific allegation of assaulting the informant’s son is
against co-accused Ravindra Jha.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature of allegation made against
the petitioners to be general and omnibus and specific allegation
is against co-accused Ravindra Jha, the petitioners, above
named, are directed to be released on pre-arrest bail, in the event
of their arrest or surrender before the Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of learned ACJM, Shahpur
Patori, Samastipur in connection with Shahpur Patory P.S. Case
No. 382 of 2025, subject to the condition as laid down under
Section 438(2) Cr.P.C / 482(2) BNSS.
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7. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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