Patna High Court
Rajesh Yadav @ Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that the petitioners are entitled to anticipatory bail, subject to prescribed conditions, as the FIR is vague and no criminal antecedent exists.
Summary
The petitioners, Rajesh Yadav and Brajesh Yadav, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly assaulting an informant with a spade and a khanti. They contended that the FIR was vague and did not specifically implicate them, and highlighted that a co‑accused in the same case had already been granted anticipatory bail by a coordinate bench of the Patna High Court. The State opposed the bail on the ground that the informant had suffered grievous injuries. The Court, noting the lack of criminal antecedent, the general nature of the FIR, and the precedent of bail to a similarly situated co‑accused, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, a family member as bailor, and conditions against witness tampering. The bail is to be effected if the petitioners are arrested or surrender within four weeks of the order.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS given the nature of the FIR.
- Whether the FIR’s general allegations are sufficient to deny anticipatory bail.
- Whether the grant of anticipatory bail to a co‑accused in a similar case influences the decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- FIR
- general allegations
- assault
- BNSS
- criminal procedure
- bail conditions
- co‑accused precedent
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18052 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- CHANAN District- Lakhisarai
======================================================
1. Rajesh Yadav @ Ranjan Kumar S/o Jayram Yadav R/o vill- Mahuliya, P.S-
Chanan, District- Lakhisarai
2. Brajesh Yadav @ Arun Kumar S/o Jayram Yadav R/o vill- Mahuliya, P.S-
Chanan, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Bilochan, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 352, 351(2), 109 and 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioners along with co-accused persons have
assaulted the informant and his brother by means of spade and
khanti.
4. Learned counsel for the petitioner submits that the
allegations made in the First Information Report are general and
omnibus in nature and no specific allegation has been made
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against the petitioners. It is submitted that similarly situated co-
accused has already been granted the privilege of anticipatory
bail by a Co-ordinate Bench of this Court vide order dated
11.02.2026 passed in Cr. Misc. No.83066 of 2025 (Annexure-2).
The petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the ground that the informant has received
grievous injury.
6. Taking into consideration the facts and
circumstances and considering the fact that similarly situated
co-accused has already been granted bail by Co-ordinate Bench
of this Court, let the above named petitioners, be released on
bail, in the event of their arrest or surrender before the learned
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 the learned Court below where the case is pending/successor
Court in connection with Chanan P.S. Case No. 78 of 2025,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, subject to condition(s) that:
(i) One of the bailors should be the family member/relative
of the petitioners, who shall provide official document to
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show his/her bonafide.
(ii) 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
cancellation of the bail bonds.
(Soni Shrivastava, J)
anand/-
U T
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