Patna High Court
Ashutosh Yadav @ Ashutosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to bond, sureties, and surrender within eight weeks.
Summary
The petitioners, three residents of Dhuriya in Madhepura district, sought bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act. They argued that the FIR only specifically implicated another accused, Manoranjan Kumar, for a firearm injury, and that they were merely alleged members of a mob with no specific overt act attributed to them. The State opposed the bail application. The court examined the nature of the allegations, noting the lack of specific charges against the petitioners and their clean antecedent, and applied its discretion under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. It ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties of equal amount, and that they surrender within eight weeks. The bail was granted subject to the conditions stipulated by the court.
Issues considered
- What is the applicability of bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to the petitioners?
- Whether the general and omnibus allegations in the FIR suffice to deny bail to the petitioners.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 351(2), 352
Subjects
- bail
- criminal procedure
- Section 482
- Bhartiya Nyaya Sanhita
- Arms Act
- mob participation
- preliminary hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12181 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- CHAUSA District- Madhepura
======================================================
1. Ashutosh Yadav @ Ashutosh Kumar Son of Arvind Yadav @ Bagho Yadav
Resident of Dhuriya, Ward No.- 09, Rasalpur Dhuriya, P.S.- Chausa, District
- Madhepura.
2. Vivek Kumar Son of Nand Kishore Yadav Resident of Dhuriya, Ward No.-
09, Rasalpur Dhuriya, P.S.- Chausa, District - Madhepura.
3. Brajesh Yadav @ Brajesh Kumar Son of Arvind Yadav @ Bagho Yadav
Resident of Dhuriya, Ward No.- 09, Rasalpur Dhuriya, P.S.- Chausa, District
- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupesh Kumar
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 115(2), 126(2), 117(2),
351(2), 352, 118(1), 109 of the Bhartiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that
from perusal of F.I.R., it is apparent that specific accusation of
causing fire-arm injury is against co-accused Manoranjan
Kumar, causing grievous injury to informant’s husband. So far
as these petitioners are concerned, there is general & omnibus
Patna High Court CR. MISC. No.12181 of 2026(2) dt.24-02-2026
2/2
allegation and no specific overt act has been alleged against
them. At best, petitioners are alleged to be members of the mob.
Petitioners claim clean antecedent.
4. Learned A.P.P. for the State has opposed the bail
petition.
5. In the facts and circumstances of the case, let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned S.D.J.M., Udakishunganj, District - Madhepura in
connection with Chausa P.S. Case No. 191 of 2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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