Patna High Court
Chandramauli YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail as the allegations are general and the injuries are simple, warranting release on bail.
Summary
The petitioners, Chandramauli Yadav and his son Satish Kumar, applied for pre‑arrest bail in a case (Pandarak PS Case No.190 of 2025) alleging offences under several sections of the BNS and Section 27 of the Arms Act. The FIR alleged that a group of 19 accused, including the petitioners, fired at an informant during a cultural programme, causing simple injuries to two persons. The petitioners contended that the allegations against them were general and omnibus, that specific firing was attributed to other co‑accused, and that they have clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court, after reviewing the FIR and submissions, held that the general nature of the allegations and the simple injuries did not justify denial of bail and directed the District Court to release the petitioners on pre‑arrest bail subject to standard conditions.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite general and omnibus allegations under the BNS and Arms Act.
Legislation cited
Subjects
- pre‑arrest bail
- general and omnibus allegation
- Arms Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15061 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- PANDARAK District- Patna
======================================================
1. Chandramauli Yadav Son of Late Chhotan Yadav
2. Satish Kumar Son of Chandramauli Yadav
Both are resident of Village - Kondi, P.S. - Pandarak, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard learned counsel appearing on behalf of the
petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with
Pandarak P.S.Case No.190 of 2025, registered for the offences
punishable under Sections 191(3), 190, 61(2)(a), 109(1), 125,
126(2), 115(2), 303(2) of BNS and Section 27 of the Arms Act.
3. As per the allegation made in the FIR with a
common intention altogether 19 accused persons named in the
FIR along with the petitioners fired upon the informant while
he was requesting to maintain peace in the cultural programme.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioner no.1 is the order giver and
general and omnibus allegation has been levelled against the
Patna High Court CR. MISC. No.15061 of 2026(2) dt.25-03-2026
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petitioner no.2. Specific allegation of firing is against co-
accused Amarjeet @ China Ray, Kundan Ray and Rishi Ray,
who fired by Moujar, which hit to two persons, causing they
sustained fire arm injuries. Petitioners have clean antecedent
and they seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the the FIR, I find that
general and omnibus allegation has been alleged against the
petitioners. The injuries have been found to be simple in nature.
I find that the petitioners have made out a case to be released on
pre-arrest bail.
7. The learned District Court is directed to release the
petitioners on pre-arrest bail in the event of their arrest or
surrender before the learned district court within a period of
four weeks from today, on furnishing bail bond of Rs.10,000/-
(Ten Thousand) each with two sureties of the like amount each
to the satisfaction of learned ACJM Ist, Barh, Patna/concerned
court, in connection with Pandarak PS Case No.190 of 2025,
subject to conditions as laid down under Section 482(2) of
BNSS of 2023.
Patna High Court CR. MISC. No.15061 of 2026(2) dt.25-03-2026
3/3
8. The learned district court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases as what has been
stated in paragraph No.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
chn/-
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