Patna High Court
Musharu Yadav @ Musaharu YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to petitioners 1 to 3 as the FIR does not specifically allege their participation in the assault.
Summary
The petitioners Musharu Yadav, Udgar Yadav and Balbir Yadav sought anticipatory bail in connection with FIR No.259/2025 filed under multiple sections of the Bihar Negotiable Substances Act, 2023, alleging they were part of a ten‑person mob that assaulted an informant and her son. The informant claimed petitioner No.1 struck her with a lathi causing grievous injury, while the petitioners argued that the FIR contains only a general, omnibus allegation of assault against all ten accused and that the specific injury was caused by a co‑accused, Manoj Yadav. The court noted the lack of a specific charge against petitioner No.1 and the co‑villager relationship between the parties. Relying on the principle that anticipatory bail may be granted where the accusation is not specific to the applicant, the court granted anticipatory bail to petitioners 1‑3, subject to a bail bond and sureties, and dismissed the application of petitioner No.4 as withdrawn. The order was made under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether the petitioners can be granted anticipatory bail despite a general omnibus allegation of assault in the FIR.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(3), 352
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- omnibus allegation
- assault
- Section 482
- Bihar Negotiable Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1311 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
1. Musharu Yadav @ Musaharu Yadav S/O Late Baleshwar Yadav R/O Village-
Suja, Ward No.- 10, P.S- Muffasil District Begusarai
2. Udgar Yadav @ Udagar Yadav Son of Late Baleshwar Yadav R/O Village-
Suja, Ward No.- 10, P.S- Muffasil District Begusarai
3. Balbir Yadav @ Balbir Kumar Son of Musharu Yadav @ Musaharu Yadav
R/O Village- Suja, Ward No.- 10, P.S- Muffasil District Begusarai
4. Ranbir Yadav @ Ranvir Yadav Son of Musharu Yadav @ Musaharu Yadav
R/O Village- Suja, Ward No.- 10, P.S- Muffasil District Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 22-04-2026 1. At the very outset, Mr. Sandip Kumar Gautam,
learned counsel for the petitioners informs this Court that prayer
for grant of anticipatory bail with regard to the petitioner no. -4
(Ranbir Yadav @ Ranvir Yadav) was already dismissed as
withdrawn vide order dated 28.01.2026.
2. Heard the parties.
3. The remaining petitioner nos. 1 to 3 apprehend
their arrest in connection with Muffasil P.S. Case No. 259 of
2025 dated 25.07.2025 registered under Section 126(2), 115(2),
109(1), 117(2), 118(1), 303(2), 351(3), 352, 3(5) of the B.N.S.
2023.
Patna High Court CR. MISC. No.1311 of 2026(4) dt.22-04-2026
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4. As per the F.I.R. on 21.07.2025 at about 07:00 pm
while the informant was at her house, 10 F.I.R. named accused
persons, arrived at her house armed with iron rod, ‘lathi’,
‘kudal’ (spade), bamboo stick and started abusing her. They told
her that her son Hira Kumar had stolen the articles after
breaking locks of the shops. When she confronted them and
asked not to abuse, they assaulted her and her son Hira Kumar
due to which she and her son got seriously injured. The co-
accused / Manoj Yadav assaulted her son with iron rod with
intention to kill due to which her son sustained injuries on his
head and the petitioner no. 3- Balbir Yadav @ Balbir Kumar
snatched golden chain (jitiya ) from her neck.
5. Learned counsel for the petitioners submits that
there is general and omnibus allegation against the petitioners
along with other accused persons and the allegation of assault
upon the informant’s son is attributable to the co-accused /
Manoj Yadav. The informant has sustained injury on her nose
which is grievous in nature and other injuries are simple in
nature.
6. On the other hand, learned counsel for the
informant vehemently opposed the prayer for bail and submits
that in her re-statement the informant has specifically said that it
Patna High Court CR. MISC. No.1311 of 2026(4) dt.22-04-2026
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was petitioner no. 1 (Musharu Yadav @ Musaharu Yadav), who
assaulted with ‘lathi’ on the nose of the informant causing
grievous injury.
7. Regard being had to the submission made by the
parties, taking into consideration the fact that in the F.I.R. there
is no specific allegation against the petitioner no. 1, general and
omnibus allegation of assault on the informant is there against
all ten accused persons and both the parties are co-villagers,
accordingly, I am inclined to grant anticipatory bail to the
petitioner nos. 1 to 3.
8. Let the petitioner nos. 1 to 3, above named, be
released on anticipatory bail in the event of arrest or surrender
before the court below within a period of four 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 learned Additional Chief Judicial Magistrate, 1 st, Begusarai
in connection with Muffasil P.S. Case No. 259 of 2025
subject to the condition as laid down under Section 482 (2) of
the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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