Patna High Court
Pankaj YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding that the allegations were general and not specifically directed at him.
Summary
The petitioner, Pankaj Yadav, was arrested in connection with an alleged assault on the informant's father and brother, along with several co‑accused, under multiple sections of the Bihar Penal Code. The prosecution alleged that the accused, armed with weapons, surrounded the informant and inflicted injuries, while the petitioner contended that the FIR contains only a general, omnibus allegation and that he himself was not specifically named. The informant’s counsel pointed to a medical report showing grievous injuries to the father, whereas the petitioner’s counsel highlighted a counter‑version of events and noted that a similarly situated co‑accused had been granted bail. The court examined the nature of the allegations, the lack of specific charge against the petitioner, and the principle of bail in criminal matters. Concluding that the allegations were vague and not directed specifically at the petitioner, the court ordered his release on regular bail upon furnishing a bail bond with sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the FIR containing general and omnibus allegations.
- Whether the lack of a specific charge against the petitioner justifies granting bail.
Subjects
- bail
- criminal procedure
- assault
- general allegation
- omnibus charge
- Bihar Penal Code
- sections 191
- sections 190
- sections 126
- sections 115
- sections 303
- sections 109
- sections 76
- sections 352
- sections 351
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6783 of 2026
Arising Out of PS. Case No.-14 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Pankaj Yadav S/O Naresh Yadav R/O Village- Garhi Bishanpur, P.S-
Lakhisarai, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the State : Mr. Jagdhar Prasad, APP
For the Informant : Mr. Om Prakash Maharaj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 303(2), 109, 76, 352, & 351(2) of
the BNS.
3. The case of the prosecution, in short, is that the
petitioner along with others being armed with weapon
surrounded the informant . Vidya Sagar Yadav ordered and on
his order Poonam Devi assaulted with Taangi on the left left of
informant’s father due to which he received a cut injury. It is
further alleged that the petitioner along with Ranjeet Yadav,
Ankit Kumar, Aakash Kumar and Vidya Sagar Yadav have
Patna High Court CR. MISC. No.6783 of 2026(2) dt.11-02-2026
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further assaulted the father and brother of the informant.
4. Learned counsel for the petitioner submits that
there is also a counter version of this case and that the petitioner
side has also received injuries. It has further been submitted that
nature of allegation is general and omnibus. It is not the case of
the prosecution that the petitioner alone has assaulted on the
head of the informant’s father. Learned counsel for the petitioner
has further submitted that similarly situated co-accused Vidya
Sagar Yadav has been granted bail by the learned Co-ordinate
Bench vide Cr. Misc. No. 5841 of 2026.
5. Countering this, learned counsel for the Informant
has submitted that from perusal of the injury report of the father
of the informant, it will be found that he had received grievous
injuries on his head.
6. From perusal of the FIR itself it is clear that there is
no specific allegation against the petitioner. The nature of
allegation is general and omnibus.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Lakhisarai P.S. Case No. 14 of 2025 on furnishing bail bond of
Patna High Court CR. MISC. No.6783 of 2026(2) dt.11-02-2026
3/3
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Lakhisarai.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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