Patna High Court

Chichai DomversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioners, Chichai Dom and Rahul Kumar, were accused in PS Bihariganj case No. 408 of 2025 for offences under multiple sections of the Bharatiya Nyaya Sanhita, including assault, robbery and causing damage. They applied for anticipatory bail, arguing that the allegations were general and omnibus with no specific overt act attributed to them, and that they have a clean antecedent. The State opposed the bail. The court noted the lack of specific allegations and the clean record, and also observed that a co‑accused had already been granted anticipatory bail in a related matter. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted when the accusations are general and omnibus without specific overt acts.
Whether the petitioners' clean antecedent and the grant of anticipatory bail to a co‑accused influence the decision.
Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the court to impose bail conditions in such cases.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 324(2), 325, 3(5), 351(2), 352, 482(2), 76

Subjects

anticipatory bail
general allegation
clean antecedent
Bharatiya Nyaya Sanhita
Section 482
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91542 of 2025
                   Arising Out of PS. Case No.-408 Year-2025 Thana- BIHARIGANJ District- Madhepura
                 ======================================================
           1.     Chichai Dom Son of Late Karpuri Dom R/o Village - Gamali, Ward no. 2,
                  P.S. - Bihariganj, Dist. - Madhepura.
           2.    Rahul Kumar Son of Chichai Dom R/o Village - Gamali, Ward no. 2, P.S. -
                 Bihariganj, Dist. - Madhepura.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alok Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Ajit Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 115(2), 118(1), 109(1),

                   126(2), 76, 324(2), 325, 303(2), 352, 351(2), 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. The allegation against these petitioners is of

                   causing assault to the informant and her son along with other

                   accused persons, besides the allegation of snatching of valuables

                   and damaging the household articles.

                                4. Learned counsel for the petitioners submitted that

                   altogether 19 persons, including these petitioners, are alleged to
            Patna High Court CR. MISC. No.91542 of 2025(2) dt.19-01-2026
                                                        2/2




                      have committed the offence. Allegation of assault is general and

                      omnibus and there is no specific allegation of any overt act

                      against these petitioners. It is further submitted that similarly

                      situated co-accused, namely, Pintu Dom has already been

                      granted anticipatory bail by co-ordinate Bench of this Hon’ble

                      Court vide order dated 06.01.2026 passed in Cr. Misc. No.

                      83876 of 2025. Petitioners claim clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering the general and omnibus accusation

                      and clean antecedent, this anticipatory bail is allowed and it is

                      ordered that let the above named petitioners in the event of their

                      arrest/surrender before the court below within a period of eight

                      weeks from today, 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 Sub-Divisional Judicial

                      Magistrate-I, Udakishunganj, Madhepura in connection with

                      Bihariganj P. S. Case No. 408 of 2025, subject to condition as

                      laid down under Section 482(2) of the BNSS.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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