Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Ashok Yadav, applied for anticipatory bail in a case (Police Station No. 368 of 2025) alleging offences under several sections of the Bhartiya Nyaya Sanhita, including waging war against the state and assaulting police. The FIR described a mob obstructing traffic, attacking police vehicles, and assaulting officers and an informant, naming 24 persons including the petitioner. The petitioner claimed innocence, arguing that the allegations against him were vague and that similarly situated co‑accused had been granted anticipatory bail by a coordinate bench in Cr. Misc. No. 22277 of 2026. The court considered these submissions, the precedent, and the lack of specific incriminating material against the petitioner. Accordingly, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties if arrested within four weeks, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious offences alleged in the FIR.
- Whether the general and omnibus nature of the allegations suffices to deny bail.
- Whether the precedent of granting anticipatory bail to co‑accused in a similar case is applicable.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115, 118(2), 121, 121(1), 121(2), 132, 221
Subjects
- anticipatory bail
- criminal procedure
- offences under Bhartiya Nyaya Sanhita
- Section 482(2) of Bhartiya Nagrik Suraksha Sanhita
- precedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10310 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- JAMOBAZAR District- Siwan
======================================================
Ashok Yadav S/o- Vikram Yadav Resident of Village - Jiyadi Tola, P.S. - Jamo
Bazar, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh
For the Opposite Party/s : Mr. Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 23-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Jamo Bazaar Police Station Case No. 368 of 2025,
dated 21.09.2025, disclosing offences under Sections
121/121(1)/115/118(2)/109/132/221/121(2) of the
Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the FIR, the police received
information that certain persons had unlawfully
obstructed traffic on the road. Upon reaching the spot, he
found that a large crowd had gathered near Jamo Chowk
and was causing obstruction to vehicular movement. It is
further alleged that on seeing the police party, the accused
persons attacked the police vehicle, damaging its glass.
Patna High Court CR. MISC. No.10310 of 2026(3) dt.23-04-2026
2/3
The mob also assaulted the informant, resulting in injuries
to his head and also abused and attacked other police
personnel, including the driver constable, using lathis,
dandas, and sharp weapons. In this manner, they
obstructed the police officials in discharging their official
duties. On the identification of Mahal Chowkidar, 24
persons have been named in the FIR including the
petitioners and 40-50 unknown persons.
4. Learned counsel appearing on behalf of the petitioner
submits that petitioner is innocent and has not committed
any offence in the manner alleged. He next submits that
there is no specific allegation against the petitioner and
allegation is general and omnibus in nature. He further
submits that similarly situated co-accused persons have
been granted anticipatory bail by a Co-ordinate Bench of
this Court in Cr. Misc. No. 22277 of 2026.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that similarly
situated co-accused persons have been granted
anticipatory bail by a Co-ordinate Bench of this Court, I
am inclined to grant the petitioner privilege of
anticipatory bail.
Patna High Court CR. MISC. No.10310 of 2026(3) dt.23-04-2026
3/3
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released 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 learned Judicial Magistrate
First Class, Siwan, in connection with Jamo Bazar Police
Station Case No. 368 of 2025, subject to the condition
laid down under Section 482 (2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
Checking your session…