Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail must be granted as the allegations against the petitioner are general, he has clean antecedents and parity with a co‑accused who was already granted bail.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case involving offences under Sections 341, 323, 324, 325, 307, 302, 504 and 34 of the IPC. The FIR alleged that a dispute escalated into a violent assault on the victim's father, resulting in death, with specific accusations against other co‑accused. The petitioner contended that the charge against him was merely general and omnibus, that he played no specific role, and that he possessed a clean antecedent record. The State opposed the bail, arguing the seriousness of the offences. The court, noting the lack of specific allegation, the petitioner’s clean record and the fact that a co‑accused had already been granted anticipatory bail, allowed the petition. Consequently, the court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted when the accusation against the petitioner is general and omnibus.
- Whether the petitioner’s clean antecedents and parity with a co‑accused who was already granted bail justify anticipatory bail.
- Whether Section 482(2) of the Criminal Procedure Code empowers the court to grant anticipatory bail in such circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 302, 307, 323, 324, 325, 34, 341, 504
Subjects
- anticipatory bail
- general accusation
- clean antecedents
- parity
- IPC offences
- Section 482 CrPC
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90594 of 2025
Arising Out of PS. Case No.-507 Year-2023 Thana- MINAPUR District- Muzaffarpur
======================================================
Rahul Kumar S/O Bhola Ram R/ O Bahawal Bazar, P.S -Minapur, District -
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vibhuti Kumar, Advocate
For the State : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 341, 323,
324, 325, 307, 302, 504 and 34 of the Indian Penal Code.
3. As per prosecution story, the informant lodged the
F.I.R. in the S.K. Medical College and Hospital alleging that due
to old dispute, all the F.I.R. named accused persons, including
this petitioner, variously armed, came and after abusing, started
assaulting his father, named Kishore Ram (deceased). The
allegation against co-accused Shyam Kumar is of assaulting
with sword while co-accused Anil Kumar assaulted with iron
rod on his head which ultimately proved fatal. Accordingly, the
Patna High Court CR. MISC. No.90594 of 2025(3) dt.24-03-2026
2/3
F.I.R
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, on account of minor
dispute, altercation took place between the parties which
resulted into the unfortunate act. Specific accusation of assault
is against other accused persons. So far as this petitioner is
concerned, allegation of assault is general and omnibus and no
specific role has been assigned to this petitioner. Similarly
situated co-accused person, namely Rohit Kumar, has already
been granted privilege of anticipatory bail by this Hon’ble Court
vide order dated 13.03.2026 passed in Cr. Misc. No. 81120 of
2025. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.90594 of 2025(3) dt.24-03-2026
3/3
petitioner be enlarged 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,
Muzaffarpur in connection with Minapur P. S. Case No. 507 of
2023, 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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