Chichai Dom Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Chichai Dom Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners (Chichai Dom and Rahul Kumar): upon arrest/surrender before the court below within eight weeks, to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate-I, Udakishunganj, Madhepura, in connection with Bihariganj P.S. Case No. 408 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioners (Chichai Dom and Rahul Kumar), who apprehend arrest in Bihariganj P.S. Case No. 408 of 2025 for offences punishable under Sections 115(2), 118(1), 109(1), 126(2), 76, 324(2), 325, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, are entitled to anticipatory bail.

Court's answer

Anticipatory bail is allowed to the petitioners, the court being guided by the general and omnibus nature of the accusation and their clean antecedents.

Ratio / Principle

In the event of arrest or surrender before the court below within a period of eight weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate-I, Udakishunganj, Madhepura, in connection with Bihariganj P.S. Case No. 408 of 2025.

Key takeaways

The anticipatory bail is made subject to the conditions laid down under Section 482(2) of the BNSS.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J.) allowed anticipatory bail to two petitioners, Chichai Dom and Rahul Kumar, arraigned among 19 accused in Bihariganj P.S. Case No. 408 of 2025 (P.S. Bihariganj, district Madhepura) for offences punishable under Sections 115(2), 118(1), 109(1), 126(2), 76, 324(2), 325, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, arising out of allegations of assault on the informant and her son, snatching of valuables and damage to household articles. Allegations against the petitioners were general and omnibus, with no specific overt act attributed to them, and they claimed clean antecedents; a similarly situated co-accused, Pintu Dom, had already been granted anticipatory bail by a co-ordinate Bench of the same Court (Cr. Misc. No. 83876 of 2025, order dated 06.01.2026). Petitioners directed to appear/surrender before the court below within eight weeks and, in that event, to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate-I, Udakishunganj, Madhepura, subject to the conditions laid down under Section 482(2) of the BNSS.

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

======================================================

Chichai Dom Son of Late Karpuri Dom R/o Village - Gamali, Ward no. 2, P.S. - Bihariganj, Dist. - Madhepura.

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.

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.

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.

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.

Learned A.P.P. for the State vehemently opposed the bail application.

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