Patna High Court
Ram Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners, subject to strict conditions, under Section 438 of the Criminal Procedure Code.
Summary
The petitioners, Ram Kishor Yadav and Ramsevak Yadav, sought anticipatory bail fearing arrest in a FIR (Keoti PS Case No. 318 of 2025) that alleged assault under multiple sections of the Bhartiya Nayay Sanhita, 2023. The FIR named several other accused for the principal assault, while the two petitioners were implicated only through an omnibus allegation of assaulting the informant’s ‘Samdhi’ and Bimal Yadav. The petitioners argued they had no criminal antecedent and that the primary charge rested on other accused. The State opposed the bail, maintaining that the omnibus allegation was sufficient to justify arrest. Considering the lack of prior record and the nature of the allegation, the Court exercised its power under Section 438 of the Cr.P.C. to grant anticipatory bail, imposing a bond of Rs 10,000 with two sureties and a series of conditions regarding appearance, cooperation with investigation, and non‑interference with witnesses. The order directed that the bail be effective if the petitioners are arrested or surrender within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. despite being named in an omnibus allegation in the FIR.
- Whether the absence of prior criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115, 117, 118, 126, 3, 303, 351, 352
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- omnibus allegation
- criminal antecedent
- Section 438
- Bhartiya Nayay Sanhita
- bail conditions
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17322 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- KEWATI District- Darbhanga
======================================================
1. Ram Kishor Yadav S/o- Late Guddar Yadav @ Late Gudar Yadav Resident
of Village- Navtoli, Chhotaipatti PS- Keoti Dist- Darbhanga
2. Ramsevak Yadav S/o- Late Guddar Yadav @ Late Gudar Yadav Resident of
Village- Navtoli, Chhotaipatti PS- Keoti Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Ms.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard Mr.Bhavesh Kumar Sah, learned counsel for
the petitioner and the State.
2. The petitioners are apprehending arrest in
connection with Keoti P.S. Case No. 318 of 2025 instituted
under Sections 126(2), 115(2), 118, 117(2), 109, 303(2), 351(2),
352 and 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged on
15.12.2025 by the informant, Ajit Narayan.
3. As per the prosecution story, the informant alleged
that while he was sitting at his door alongwith with ‘Samdhi’,
Nand Kishor Yadav, the accused persons armed variously came
and allegation is that Santosh Yadav gave repeated blow by
Farsa on the head of Devnandan Yadav while Rampukar Yadav
Patna High Court CR. MISC. No.17322 of 2026(2) dt.25-03-2026
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gave blow Ramnandan Yadav causing fracture and Ramlagan
Yadav gave blow to Bimal Yadav on the head by rod. Allegation
against other is of omnibus in nature and so far as these two
petitioners are concerned, the allegation is that they assaulted
the ‘Samdhi’ of the informant, Nand Kishor Yadav as also Bimal
Yadav. This led to the FIR.
4. Learned counsel for the petitioners submit that
perusal of the FIR would show that the main allegation of
repeated assault is on Santosh Yadav, Ram Pukar Yadav and
Ram Lagan Yadav whereas omnibus allegation is against these
two petitioners who have no criminal antecedent.
5. Learned APP opposes the prayer submitting that
though omnibus in nature assault against these two petitioners.
6. Considering the aforesaid submissions of the
parties as also that the petitioners do not have criminal
antecedent, in that background, this Court is inclined to extend
them the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event
of their arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each in connection with Keoti P.S. Case No.
Patna High Court CR. MISC. No.17322 of 2026(2) dt.25-03-2026
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318 of 2025 to the satisfaction of learned A.C.J.M.-IX,
Darbhanga subject to the conditions as laid down under Section
438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) The petitioners shall be appearing before the
police station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
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