Patna High Court
Gore Yadav @ Gorelal Yadav @ Gorelal PrasadversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to petitioners 1 and 2 but denied to petitioner 3.
Summary
The petitioners, Gore Yadav, Vikash Yadav and Rahul Kumar, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault on an informant and her family. The FIR contains general and omnibus allegations against petitioners 1 and 2, while a specific allegation of assault with a sickle causing grievous injury is made against petitioner 3, Rahul Kumar. The State opposed bail, citing the seriousness of the injury, whereas the petitioners argued the allegations against the first two were vague and that similarly situated co‑accused had been granted bail earlier. The Court noted the earlier bail order (Cr. Misc. No.3109 of 2026) and, considering the nature of the allegations, granted anticipatory bail to petitioners 1 and 2 subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, but denied bail to petitioner 3, allowing him to apply for regular bail if he surrenders within three weeks. The order thus partially allowed the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to petitioners facing general and omnibus allegations under the BNSS.
- Whether bail should be denied to a petitioner facing specific allegations of assault causing grievous injury.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail
- grievous injury
- assault
- general allegation
- specific allegation
- BNSS
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13030 of 2026
Arising Out of PS. Case No.-554 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
1. Gore Yadav @ Gorelal Yadav @ Gorelal Prasad S/o Late Gaurishankar
Yadav @ Gaurishankar Prasad R/o vill - Lakshmi Bigha, P.S.- Rajauli,
Distt.- Nawada
2. Vikash Yadav @ Vikash Kumar S/o Rajendra Yadav R/o vill - Lakshmi
Bigha, P.S.- Rajauli, Distt.- Nawada
3. Rahul Kumar S/o Manoj Yadav R/o vill - Lakshmi Bigha, P.S.- Rajauli,
Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devendra Prasad Singh, Adv.
For the Opposite Party/s : Mr.Manoj Kumar, APP
For the Informant : Mr. Ram Prawesh Kumar, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 352, 351(2), 303(2), 109, 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioners along with other co-accused persons have
assaulted the informant and her family members.
4. Learned counsel for the petitioners submits that
general and omnibus allegation in the nature of hurling abuses
and assaulting the informant has been levelled against the
Patna High Court CR. MISC. No.13030 of 2026(2) dt.25-02-2026
2/3
petitioners. There is specific allegation against petitioner no.3
Rahul Kumar and co-accused Mukesh Yadav of assaulting the
informant’s husband with sickle causing head injury. So far as
petitioner nos.1 and 2 are concerned, there are general and
omnibus allegations levelled against them. Additionally, it has
been submitted that the present case is counter blast of earlier
Rajauli P.S. Case No.40 of 2024 instituted by the son of the
petitioner no.1 against the informant and her family members.
Further, similarly situated co-accused have been granted bail by
this Court vide order dated 28.01.2026 in Cr. Misc. No. 3109 of
2026.
5. Learned APP for the State and learned counsel for
the informant opposed the prayer for anticipatory bail on the
ground that injured has sustained grievous injury and the same
would be evident from the bail rejection order also.
6. Taking into consideration the facts and
circumstances and considering the general and omnibus nature
of allegation against petitioner nos. 1 and 2 and since similarly
situated co-accused have been granted bail by this Court by
aforesaid order dated 28.01.2026, let the above named petitioner
nos. 1 and 2, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
Patna High Court CR. MISC. No.13030 of 2026(2) dt.25-02-2026
3/3
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Rajauli P.S. Case No. 554 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
7. So far as prayer for petitioner no.3 Rahul Kumar is
concerned, there is specific allegation of assault leading to
grievous injury, I am not inclined to grant bail to petitioner no.3
and the application is rejected.
8. However, in case the petitioner no.3 surrenders and
seeks regular bail within a period of three weeks before the
learned Court below, the same shall be considered on its own
merit without being prejudiced by the present order of
withdrawal, preferably on the same day.
(Soni Shrivastava, J)
Harsh/-
U T
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