Created by Fuzzy Cloud

Patna High Court

Ramdeo YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.