Patna High Court
Dhananjay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 118(1), 121(2), 126(2), 132, 221, 262, 263, 303(1), 3(5)
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
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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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