Patna High Court
Ramdeo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the general nature of the accusations, the minor injuries, the case‑and‑counter‑case, and the petitioner's clean record, anticipatory bail was warranted under Section 482(2) of the B.N.S.
Summary
Petitioner Ramdeo Yadav sought anticipatory bail fearing arrest in a case arising from a land dispute where he was alleged to have participated in an assault on the informant and others. The prosecution charged him under Sections 126(2), 115(2), 117(2), 109(1), 352 and 3(5) of the B.N.S. The petitioner contended that the incident was a simple clash with minor injuries, that the allegations were general and omnibus, and that he has a clean antecedent. The State opposed the bail. The court examined the nature of the accusations, the existence of a case‑and‑counter‑case, the minor nature of the injuries and the petitioner's clean record, and concluded that anticipatory bail was appropriate. Accordingly, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S. The order was pronounced on 17‑03‑2026.
Issues considered
- Whether anticipatory bail should be granted in a case involving general and omnibus assault allegations under the B.N.S.
- Whether the petitioner’s clean antecedents and the minor nature of alleged injuries justify bail under Section 482(2) of the B.N.S.
- Whether the existence of a case‑and‑counter‑case affects the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- land dispute
- assault
- clean antecedents
- general allegations
- Section 482
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12029 of 2026
Arising Out of PS. Case No.-512 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
1. Ramdeo Yadav S/O Late Mauji Yadav R/O Vill.- Manikpur, P.S- Harnaut,
District- Nalanda
2. Baran Yadav @ Jayram Yadav S/O Ramdeo Yadav R/O Vil..- Manikpur P S
Harnaut District Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Satya Prakash, Advocate
For the State : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 17-03-2026 The prayer for grant of anticipatory bail to Petitioenr
No. 2 has already been dismissed as withdrawn vide order dated
19.02.2026.
2. Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
3. Petitioner No. 1 apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 117(2), 109(1), 352 and 3(5) of the B.N.S..
4. As per prosecution case, it is alleged that on
account of land dispute, all the F.I.R. named accused persons,
including this petitioner, assaulted informant and others with
lathi, danda and bricks.
Patna High Court CR. MISC. No.12029 of 2026(3) dt.17-03-2026
2/3
5. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. On account of admitted land dispute
between the parties, simple maar-peet took place in which both
sides sustained injuries. There is case and counter-case.
Allegation of assault is general and omnibus and no specific
accusation of overt act has been alleged against this petitioner.
Doctor has found the injuries, allegedly caused by this
petitioner, simple in nature. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties, nature of injuries allegedly
caused by this petitioner and clean antecedents of the petitioner,
the prayer for grant of anticipatory bail to Petitioner No. 1 is
allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Petitioner No. 1 be enlarged on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.12029 of 2026(3) dt.17-03-2026
3/3
each to the satisfaction of learned A.C.J.M.-1st, Nalanda at
Biharsharif in connection with Harnaut P.S. Case No. 512 of
2025, 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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