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Patna High Court

Dhananjay YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

Petitioners Dhananjay Yadav and Ashok Yadav were arrested on 4 November 2025 in connection with FIR No. 146 of 2025 alleging assault on police officers and offences under the Bharatiya Nyay Sanhita, 2023 and the Arms Act. The prosecution alleged that the petitioners, along with co‑accused, assaulted police while discharging official duties. The petitioners contended that they have a clean antecedent, were falsely implicated, and that the FIR contains a generic omnibus allegation that does not specifically charge them. The learned Additional Public Prosecutor opposed bail, while the petitioners' counsel argued lack of specific charge and clean record. The Court, after considering the absence of any specific allegation against the petitioners and their clean antecedent, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order was made subject to verification of criminal antecedents, with cancellation provisions if conditions are breached.

Issues considered

  • Whether the petitioners are entitled to bail despite the serious offences alleged in the FIR.
  • Whether a generic omnibus allegation in the FIR suffices to justify continued detention of the petitioners.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • Arms Act
  • clean antecedent
  • omnibus FIR
  • police assault
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1702 of 2026
                     Arising Out of PS. Case No.-146 Year-2025 Thana- SHEIKHOPUR SARAI District-
                                                       Sheikhpura
                 ======================================================
           1.     Dhananjay Yadav S/o Late Kameshwar Yadav R/o Village - Mahanandpur,
                  P.S - Sheikhopur Sarai, District - Sheikhpura
           2.    Ashok Yadav S/o Ramchandra Yadav R/o Village - Mahanandpur, P.S -
                 Sheikhopur Sarai, District - Sheikhpura

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Kumari Anupam, Advocate
                 For the Opposite Party/s :      Mr .Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-01-2026                      Heard Mrs. Kumari Anupam, learned counsel for

                   the petitioners as well as Mr .Sharda Kumari, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioners seeks bail who is in custody since

                   04.11.2025 in connection with Shekhopur Sarai P.S. Case No.

                   146 of 2025, F.I.R. dated 03.11.2025 for the offences punishable

                   under Sections 126(2), 115(2), 118(1), 109(1), 303(1), 132, 221,

                   262, 263, 121(2), 3(5) of the Bharatiya Nyay Sanhita, 2023 &

                   27 of Arms Act.

                               3.     According to prosecution case, the informant

                   alleged that the petitioners along with other co-accused persons

                   assaulted him and other police officials causing injuries to them
Patna High Court CR. MISC. No.1702 of 2026(2) dt.19-01-2026
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          while they were discharging official duties.

                      4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they falsely been

          implicated in the present case. The allegation levelled against

          the petitioners is false and fabricated. From bare perusal of the

          FIR it appears that FIR is in two parts, in first part the police

          personnel arrested four persons and petitioners were not among

          four of them and in the second part, there is general and

          omnibus allegation against all the accused persons including the

          petitioners and petitioners have been made accused merely on

          the basis that they are resident of the same area and the

          petitioners are in custody since 04.11.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioners have clean antecedent and               there is no specific

          allegation of assault or overt against the petitioners, let the

          petitioners, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned C.J.M.,

          Sheikhpura in connection with Shekhopur Sarai P.S. Case No.

          146 of 2025, subject to the following conditions:-
            Patna High Court CR. MISC. No.1702 of 2026(2) dt.19-01-2026
                                                        3/3




                                   i. Petitioners shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners tamper with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedents, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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